Will Disputes Lawyer Penrith Area

Family provision claims can help when you’ve been inadequately provided for or completely excluded from a will. Under NSW law, eligible persons – including children, spouses, and dependants – can claim their fair share of an estate even if the will doesn’t provide for them.

We can help if:

• You’re a spouse, child, or dependant who received little or nothing
• The will doesn’t adequately reflect your relationship with the deceased
• You have financial needs that should be considered
• You provided care or support to the deceased

We assess your relationship with the deceased, your financial circumstances, and the size of the estate to determine if you have a valid family provision claim.

Not all wills are valid. When a will is made under questionable circumstances, we can challenge its legal validity. This is different from a family provision claim – we’re talking about a scenario where the will itself shouldn’t be recognised by law.

Common validity challenges:

• Lack of mental capacity (dementia, mental illness, cognitive impairment)
• Undue influence or coercion by family members or carers
• Fraud, forgery, or suspicious circumstances around signing
• Improper execution (incorrect witnessing, signing procedures)

We gather medical evidence, witness statements, and expert opinions to build a strong case challenging the will’s validity.

The law recognises that people who provide care, support, or have close relationships with the deceased should be adequately provided for. Even if a will is legally valid, it might not provide fairness for all eligible persons.

You may have a claim if:

• You cared for the deceased but received little in return
• Your sibling inherited significantly more despite equal relationships
• You have greater financial need than other beneficiaries
• The deceased promised you would be provided for

We help you claim your fair share based on your contribution to the deceased’s welfare, your financial needs, and your relationship with them.

Executors have legal duties to beneficiaries and the estate. When they fail in these duties – whether through delay, secrecy, or mismanagement – we can take action to protect your interests and ensure proper estate administration.

Common executor problems:

• Refusing to provide information about estate assets
• Unreasonable delays in distributing the estate
• Making decisions that benefit themselves over beneficiaries
• Failing to properly manage or protect estate assets

We can apply to the court for executor removal, seek compensation for losses, or pursue other remedies to ensure the estate is properly administered.