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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Guardianship Tribunal proceedings +
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Estate Administration +
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Disputed estates +
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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.
JL Humphreys & Associates
Providing balanced and affordable legal advice and assistance.