It varies widely depending on your circumstances. Disputes over estates can be really time sensitive so we suggest you get in touch with us as soon as possible so we can discuss your case one-on-one.
If someone is unhappy with the way their family member has left their estate then, provided they are considered to be an "eligible person" in the law, they may bring a family maintenance claim seeking further provision from the estate.
There is limited time for a family member to bring such a claim and they'll need to provide lots of details about their relationship with the person who has died, why that person had an obligation to provide for them, and evidence around their personal circumstances and why they are deserving of a bigger share of the estate.
Usually there will be some correspondence to indicate that the person is unhappy and if resolution can't be reached between the parties, then that person may commence proceedings. It will be up to the executors to defend the action and keep the other beneficiaries up to date. Ultimately, most of these matters resolve at mediation as they can be expensive and take a high emotional toll on the parties involved. If the matter cannot be settled, then it will proceed to trial for determination by a judge.
Occasionally, a will might be challenged on the basis that there is a newer will, or the will maker did not understand what they were signing or were pressured into signing the document. If you're involved in an issue like this you need to involve us as soon as possible and give us the whole story regarding how the dispute has arisen. We may need to lodge a probate caveat to notify the court we think there is an issue with the validity of the will.
An executor of the estate has a duty to act in the best interests of the beneficiaries. If an executor is acting improperly then the beneficiaries may have grounds to make a claim.
We'll discuss the circumstances and gather evidence that is relevant to the dispute. Usually there'll be some correspondence between lawyers to see if a resolution can be achieved. If the situation warrants and where required, we can make a request to the Court to compel the executor to provide an administration account or we can make an application to seek that the executor be removed.
Shaun cherishes the sense of community living in Camperdown, having moved from Geelong seven years ago. It’s no wonder he enjoys playing team sports, such as cricket, tennis and soccer. He and his lovely wife also have a young son and two dogs to run around after.
You don’t have to drive too far to see Bec slaying her guitar with her pub rock cover band. The volume is quite a contrast to her upbringing on a peaceful farm! Bec comes from three generations of dairy farmers in Camperdown. That’s a lot of legacy, life experience and appreciation for practicality – all of which she naturally applies in her advice. And her clients love her for it.
Sally relishes the space to live and breathe with her family on their dairy farm. She says she’s happiest when she’s surrounded by her husband, kids and grandies. When she wants to ramp up the volume from the quiet countryside, she will listen to music and hunt down quality concerts.
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