Have you been left out of a Will, or have you not been fairly treated as compared to the other beneficiaries or is the amount of your inheritance inappropriate?
Yes, you may be able to make a claim against the Estate to get your fair share.
Who can dispute a Will?
Persons who may be able to make a claim disputing a Will include the following: wife or husband de facto or same sex partner former spouse or de facto partner child, stepchild or grandchild parent of a child of the deceased parent, brother or sister someone who was financially dependent on the deceased carer of the deceased The above should only be considered a guide, so do not hesitate to contact Leonidas Lawyers to discuss your particular circumstances.
Is there is a time limit?
A claim can only be made 12 months from the date of their death. However, there are some circumstances, when we may be able to apply for an extension of the time limit. Each case needs to be considered based on their facts, so please contact Leonidas Lawyers to discuss your situation.
What if I don’t believe the Will was valid?
There are a variety of grounds on which a Will may also be challenged. Some of these grounds are as follows: – if you believe that the will is a forgery; or – if the person lacked the mental capacity to make a Will; or – there was undue influence placed on the deceased; or – if there was fraud involved.
How do I make a claim?
Call Leonidas Lawyers and we will assess your claim and discuss the particular circumstances of your claim. If you have a claim we will contact the executors and notify them of your claim. We will then assist you in gathering evidence, prepare a memorandum of claim and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved, as often happens, then we can commence court proceedings. We can still negotiate and explore alternative dispute resolutions processes to endeavour and achieve a speedy and cost effective resolution of your case. Also the Court will at some stage require the parties participate in a Mediation. In certain cases the only way to reach a result, is to have a court hearing. At the court hearing we will ensure your evidence is properly presented to ensure you achieve the best possible result.
At Leonidas Lawyers we can help
At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice. It is necessary to properly explore alternative dispute resolution, with an aim of achieving an speedy and cost effective resolution of the case. However, should it be necessary to have the matter determined by the Court, at Leonidas Lawyers we aim to get the best result.