Wills and Estates Litigation
Disputes often arise after the death of a loved one for various reasons, such as being excluded from a Will, given little provision in a Will or a Will being made for a person who did not have testamentary capacity or did not know and approve of the Will. The team at Karnib Law Group can assist you to defend the estate or act for the person challenging the Will. We have acted for both the estate and the claimants (not at the same time) in many matters previously which ensures the experienced team at Karnib Law Group can assist and provide you with accurate legal advice.
Family Provision Claims
An eligible person can make a family provision claim in the Supreme Court of New South Wales under Chapter 3 of the Succession Act 2006 (NSW) seeking a provision or further provision from the estate if the deceased did not make adequate provision for their proper maintenance, education and advancement in life.
Generally, an eligible person includes a spouse, de facto partner, child of the deceased or certain individuals in a close personal relationship with the deceased or who were dependent on the deceased at the time of his or her death. At Karnib Law Group, will be able to assist you in your claim if you are unsure if you are an eligible person.
If an Executor/Administrator is faced with defending a family provision claim, then the team at Karnib Law Group can assist. As the Executor/Administrator you have the primary duty to uphold the terms of the Will and to persevere the assets of the estate. At, Karnib Law Group, our experienced team of lawyers can assist with defending a family provision claim on your behalf as well as negotiate a settlement that would be acceptable to all parties that would save legal costs if the matter went to a Hearing.
An application for a Family Provision order by an eligible person can be made at any time within 12 months after the date of death of the deceased person.
Challenging the validity of a Will
A Will can be challenged for various reasons and the team at Karnib Law Group can assist in challenging a Will as well as assist in defending a claim when a Will has been challenged. A Will can be challenged for:
Lack of due execution – not correctly signed and/or witnesses;
Lack of testamentary capacity – the Will maker was not of sound mind when the Will was
made;The Will maker did not know and approve of the contents of the Will;
The Will maker was subject to undue influence and/or duress; and
Fraudulent circumstances.
A person is eligible to challenge the validity of a Will if they are:
A beneficiary named in the current Will;
A beneficiary named in a previous Will; and
A person who would be entitled to share in the estate on intestacy (if the person died
without a Will).
The team at Karnib Law Group can assess your claim or defence and provide you with accurate
legal advice to act on your behalf in the matter. We will leave no stone unturned to get you the results you want.
Varying the terms of a Will
A Will can only be varied by an Order of the Court or if there is an agreement between all the beneficiaries.
The agreement can be documented in a Deed of Family Arrangement that will be binding on the parties and could help resolve disputes without attracting substantial legal costs. The Will can still be varied even if there is no dispute but to reflect the true intentions of the Will maker or correct any mistakes that might have been made.
The team at Karnib Law Group can prepare a Deed of Family Arrangement to suit the needs of the estate and accurately document the agreement between the parties.
