As well as assisting you with the preparation of your Will, we can advise in relation to Contested Wills, Will Disputes including Intestacy claims, claims under the Succession Act (formerly Wills Probate and Administration Act and the Family Provisions Act) and capacity claims.
Under NSW law, the Will of a deceased person can be challenged by a person – usually, but not always, a close relative who thinks the Will did not adequately provide for them or for their proper maintenance, education and advancement in life.
An application under the Family Provision Chapter of the Succession Act 2006 must be made within 12 months of the death. The applicant can ask the court to have the period extended, but there can no longer be an extension of time by the consent of the parties. There is no longer an express power for the Executor or Administrator to seek to have the period shortened if circumstances warrant.
The court’s concern is that an eligible person’s maintenance, education or advancement in life be properly provided for. The relevant circumstances are those at the date of the hearing, not the date of death, and the court can consider community standards.
Here at Court Legal we are able to advise and assist you in respect of any claim you may bring against an Estate or assist you in defending a claim if you are an Executor of an Estate which has been claimed upon.