Clear advice when a
Will feels unfair
Find out where you stand and whether you may be able to make a claim on the estate.
Feeling left out of a Will is painful. You don’t have to work out your options alone.
Finding out you were left out of a Will, or left far less than you expected, can bring up grief, hurt and confusion all at once. You may be wondering whether it is fair, whether anything can be done, and how it will affect your family.
At ALA Law, we help people understand their rights after someone has died. We’ll explain whether you may be eligible to make a claim, the time limits that apply, and the options for resolving things, often without going to court.
What you might be facing right now
You don’t need to have the answers today. You just need a clear first step.
Was it fair?
Am I eligible?
Running out of time
Family relationships
Costs
The areas of law that may apply
Contesting a Will can involve a few different legal questions. We’ll help you see which ones apply to you. You don’t need to work out which of these applies – that’s our job. One conversation and we’ll map it out for you.
Family provision claims
In NSW, certain people, such as a spouse, de facto partner, child or someone who was dependent on the person who died, can ask the Supreme Court for more provision from the estate if they were not adequately provided for.
Time limits
A family provision claim generally needs to be made within 12 months of the date of death. Late claims are only allowed in limited circumstances, so it is important to get advice early.
Challenging whether a Will is valid
Sometimes the question is whether the Will itself is valid, for example if the person lacked capacity or was pressured when they made it.
Notional estate
In NSW, some assets that were transferred before death, or that pass outside the Will, can in some cases be treated as part of the estate for a family provision claim.
Defending a claim
If you are an executor or beneficiary and someone has made a claim on the estate, we can help you respond.
Mediation and collaborative resolution
Most family provision claims are resolved by agreement, usually at mediation, which is quicker, less costly and easier on family relationships than a hearing.
How we guide you through it
Most claims on an estate are resolved by agreement. We’ll give you an honest view of your prospects and keep the process as calm as possible, and if your matter needs to go to a hearing, we will stand up for you firmly.
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Dealing with the rest of the estate?
You don’t have to work this out alone
Talk confidentially with an estates lawyer who will give you a clear, honest view of your options. Time limits apply, so it is worth getting advice early.