Dealing with Wills and Estates can become confusing and overwhelming during the emotional time of losing someone close to you. Kerin Lawyers are the legal experts who can support and guide you through the legal process.
Before an individual passes away, they may create a formal Will and nominate an Executor in the Will. The Executor must look after the deceased’s assets, debts and affairs. Before the assets can be distributed according to the Will, the Executor must usually obtain ‘Probate of the Will.’
Kerin Lawyers can guide you through the intricacies of this process. Contact us now or fill out an enquiry form.
Contesting or Disputing a Will:
In the context of Deceased Estate Law, you may be able to contest the Will if:
- You weren’t adequately provided for in the Will
- You weren’t listed as a beneficiary when you feel you should have been
The most common way is to make a Family Provision Application under the Succession Act 1981. (Known as Testator Family Maintenance (TFM) in other states).
To contest a Will, you can be either:
- Husband, wife or de facto partner of the deceased;
- The deceased’s children or step-children;
- Dependent on the deceased at time of death.
Steps and time limits:
Due to the strict time limits, you must act quickly if you wish to contest a Will. Contact us now or fill out an enquiry form if you think you have a claim.
For Family Provision claims:
- Notice of claim to be the personal representative of the deceased’s Estate must be made within 6 months of death
- Court proceeding must be commenced within 9 months of death
Once a claim is made within these time limits, the mediation process is held prior to proceeding to trial. Most cases are resolved at mediation or via agreement.