If you have been left out of a will, or feel that you have not been fairly treated by a close relative in their will, we can assist you with a family provision claim. This is a claim to receive a portion (or larger portion) of an Estate. There are a number of factors required before you can consider commencing proceedings, including whether you are an ‘eligible person’.
We also assist executors if they are defending a claim for family provision.
Can anyone make a claim?
Only certain categories of people are able to make such a claim. We will be able to determine in our first interview whether you are an eligible person, and whether there are sufficient grounds for you to consider making a claim.
We advise executors whether the person is likely to be considered an ‘eligible person’ and whether the executor should consider an early settlement in order to prevent costly litigation.
When must a claim be made?
Family provision claims must be filed in the Supreme Court within 12 months of the date of death. In some cases it may be possible to file after that time, if the court permits.
But isn’t going to court expensive?
Yes it is.
The court has previously praised our firm for keeping family provision costs down to very reasonable levels, particularly in an estate with assets less than $1 million.
We offer fixed fees or capped fees for most matters, so you can have certainty as to costs. If you are successful, the court may order that some of your costs are paid by the Estate.
Depending on the prospects of success, the size of the Estate and the number of other parties involved, we can offer a number of different plans including:
- Fixed Fees, where you will not pay any more than outlined in our costs disclosure, whether you are successful or not;
- Capped Fees where we will agree to a fixed cap, however if the amount of legal costs are lower than that cap, you will only pay what it costs
- Contingency Fee where you will pay us our costs as set out in the costs agreement, plus an additional amount in the event of a successful claim.
- Payment of invoices along the way
Contesting the Validity of a Will
Are you concerned that someone may have had influence over the deceased prior to their death? Are there suspicious circumstances regarding the terms of the will and when it was written?
Are you concerned the person may not have had capacity at the time their will was written?
Have you found another will or is there some other dispute?
It’s a sad fact that there are many vulnerable people who have been influenced to write their will in a way that benefits a third person assisting them, to the detriment of others.
We have experience in having wills set aside and challenging whether someone had capacity at the time their will was prepared.
Contact LS Legal today for a confidential discussion.
For all matters concerning estate litigation or possible estate litigation we offer a complimentary, no obligation 30 minute phone or face to face conference.