If you’re the dependant of someone who has died and you have not been provided with a fair share of his or her estate, you may have the right to contest their will.
Under section 57 of the Succession Act (2006), the time limit for bringing a family provision claim is now 12 months from the date of death pursuant to section 58(2) of the Act. The Court has the power to extend the time limit if it is satisfied that sufficient reasons can be shown.
You may be able to challenge the distribution of an estate if:
You’ve been left out of the will
The assets have been unfairly divided
The will is not valid
The administrator has been negligent
There has been no will left
We can assist with the complicated process of challenging a will in court.
You should seek legal advice for defending a contested will or estate in court.
If you are an executor you should always consult a lawyer before taking any action.
If you are a beneficiary of a will, or are intending to file a family provision claim, we will be able to advise you on how to best proceed.
You should take steps to determine whether a superannuation policy exists at the time of death, and the method it will be managed.
The Administration of an Estate occurs when there is no legal will or there are assets that have not been disposed of via a will.