SR Wills, Estates & Inheritance Case Studies
Inheritance Disputes, Will Challenges, Estate Planning Disputes
CASE STUDIES FOR
SR WILLS & ESTATES INHERITANCE LAWYERS
CASE STUDIES – WILL CHALLENGES
Lizzy's dad died and left her nothing in the Will
Lizzy thought that there was suspicious circumstances around her fathers last days so she got a Lawyer to check stuff out. When the case went to court the judge ruled that her brother had tricked her dad into changing his Will leaving her out completely, the Judge awarded Lizzy her proper portion of her fathers Estate.
Scotty had a falling out with his mum and hadn't seen her for over 20 years
Because he married a girl that she didn’t like, so she punished him and left him out of the Will, Scotty challenged the Will and argued that it was unfair to leave him out for such a selfish reason. Our Estates team arranged a mediation and he was finally awarded a fair share from his mums Estate.
Jess's mum remarried and left all of her Estate to Jess's step dad,
He died a couple of years after the mum but he didn’t provide for Jess in his Will. Jess’s Estates Team successfully went to court and a Judge ruled that Jess was not adequately provided for, and awarded her a decent amount of money from her step dad’s Estate.
A Family Provision Claim is the legal term for an Application to the Supreme Court of New South Wales for a person to claim a share or larger share from the Estate of a deceased person. You could also call it a challenge to an Estate or a Contested Estate.
You can only make a Family Provision Claim if you are an ‘Eligible Person’ under the law and have been left out of a Will or you did not receive what you thought you were entitled to receive in Will.
The Succession Act NSW at Section 57 defines the eligible persons who may make an application to the Court for a Family Provision order, they are:
1. A person who was the wife or husband of the deceased person at the time of the deceased person’s death.
2. A person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death.
3. A child of the deceased person.
4. A former wife or husband of the deceased person.
5. A person who was, at any particular time, wholly or partly dependent on the deceased person.
6. A grandchild of the deceased person or any person dependent on the deceased who was, at that particular time or at any other time, a member of the household of which the deceased person was a member.
7. A person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
Before making an order, the court will consider the following:
- The relationship between the applicant and the deceased person
- Any obligations or responsibilities owed by the deceased person to the applicant
- The value and location of the deceased person’s estate
- The financial circumstances of the applicant, including their current and future financial needs
- Whether the applicant is financially supported by another person
- Whether the applicant has any physical, intellectual or mental disabilities
- The applicant’s age
- Any contribution made by the applicant to increase the value of the estate
- Whether the deceased person has already provided for the applicant during their lifetime or from the estate
- Whether the deceased person provided maintenance, support or assistance to the applicant
- Whether any other person is responsible to support the applicant
- The applicant’s character
- Any applicable customary law if the deceased was Aboriginal or Torres Strait Islander
- Any other claims on the estate
- Any other matter the court may consider as relevant.
If you are an eligible person and you think you are entitled to make a claim on the deceased estate, you should get legal advice. Your application must be made to court within 12 months from the date of the deceased’s death. However in certain circumstances you may apply for a claim later than the 12 month period.
One of our Legal professionals will make an application for family provision by filing certain forms in the Supreme Court of New South Wales.