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Disputed estates 

  • We can advise potential beneficiaries of their right to bring a claim against an estate under the Succession Act (often referred to as Family Provision claims).
  • Only certain eligible persons can commence a claim against an estate if they feel they have not been adequately provided for.  There are time limits for such a claim to be commenced.
  • It is the role of the executor of the estate to defend such a claim and reach settlement if possible, having regard to the overall size of the estate and the entitlements of any competing beneficiaries.
  • Whilst it is difficult to prevent a claim against an estate there are steps that can be taken to minimise the likelihood of a claim being successful.  Careful estate planning gives consideration to strategies to avoid dispute.
  • Contact us if you feel you have not been adequately provided for in a will or if you are concerned about a possible claim.  

 

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“Jayne is professional without the fuss of using a big firm.  She explains the process in simple terms without the big legal jargon.  I have recommended Jayne to a number of friends and relatives as she is so helpful and easy to deal with.”  Mel M, Roselands, NSW.

“Fantastic local lawyer who is brilliant at wills and estates. I highly recommend her to all my friends”.  Robin V, Lugarno, NSW.

“Jayne has been professional & efficient when I have asked her for legal advice & has carried out any subsequent instructions I have given her in the same manner.  She is personable & obliging to work with, & 'yes' I will go to Jayne for expert legal advice in the future”.  Margaret C, Kyle Bay, NSW.

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