One of the most important things we do in our practice is assist people to manage the many complications that come with death.
Whether it be drafting our clients’ Wills to ensure that their assets pass to who they want them to or making plans around who will manage our clients’ financial and health affairs if they are unable to do so themselves, people ask us questions every day about what to do to make sure that upon their death their Estate is handled in a way that is not complicated for their families.
One of the main areas of our practice is will disputes also knowns as “family provision claims” or “contesting a will”.
When a person dies certain categories of people can challenge the Will to obtain a greater share of the estate. These eligible people include the spouse/de facto of the deceased, children of the deceased and in some cases the ex-spouse or someone who has been dependant on the deceased person during their life.
Similarly, we often act for Executors of wills who have to defend claims being made against the estate by other parties.
These types of disputes are usually decided based on the size of the deceased person’s estate and the financial and other needs of the parties. The Court considers things such as gifts given by the deceased person to the claimant and vice versa, the type of relationship between the parties and whether any estrangement existed at the time of death and the current financial situation of all parties concerned.
If you have been putting off writing your Will or feel like you have been unfairly treated in an estate matter (or if you are the Executor defending a claim) contact the Deceased Estate’s team at Complete Legal & Conveyancing for expert advice. We can also assist you with the drafting of Powers of Attorney, Enduring Guardianships and Testamentary Trusts.