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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Disputed estates +
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