Wills & Estates
Family provision claims/Challenging Wills
Family Provision Claims/
Challenging a Will
Have you been left out of a Will?
When someone close to you dies, it is a stressful time. Sadly, an inheritance dispute can make a difficult situation even more challenging. Disputes over wills and estates are becoming increasingly common; largely because what constitutes a family is constantly changing and people’s estates are often quite complex.
The law in NSW is very different to that of the ACT when it comes to making a claim for provision, or further provision, from an Estate.
For example, the pool from which a claim can be made is much broader in NSW due to the NSW notional estate provisions. This means that jointly held assets and superannuation assets, which are normally excluded from an estate, can be included when it comes to determining what provision should be made to a claimant. This is not the case in the ACT where there are no notional estate provisions.
There are also different time limits for making a claim- in NSW a claim must be made within 12 months from the date of death and in the ACT a claim must be made within 6 months from the date when probate has been granted.
If you believe that you have not been adequately provided for or you think there may be grounds to challenge a will, the team at BDN will assist in establishing your eligibility, taking into account your current circumstances, the size of the estate and the prospect of a successful claim.