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Adelaide (08) 8359 3444

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Modbury (08) 8265 4499

Inheritance Claims

Not every Will or every family is perfect.

For a variety of reasons people are “left out” or left with inadequate provision in a Will.

You might need advise on the validity of a Will, such as:

  • Did the testator have legal capacity when the Will was signed?
  • Is the meaning of the Will clear?
  • Is it being disputed?
  • Was the Will properly signed?
  • Are there any issues about undue influence?
  • Are there any other technical problems with the Will (in particular, home-made Wills and “Will Kit” Wills)?

If any of these apply to you, then you need early advice as to whether the Will is valid and what can be done about it if the validity is questionable.

 

Contesting Wills

Family relationships change and Wills do not always reflect the family dynamics at the time of death.

When a person dies, their assets pass to their beneficiaries. Usually the beneficiaries are named in the deceased’s Will, and usually, beneficiaries are (but not always) family members.

You might feel that you have “left out”, left with inadequate provisions in the Will or be facing a claim by someone else about whether they should be included as a beneficiary.

These can all be the subject of Inheritance Claims. For example:

  • A change in family circumstances can mean that the Will does not properly deal with distribution of assets upon death (e.g. a divorce, separation or new marriage might have occurred)
  • Family members being excluded from the Will
  • Where there might have been promises made but not kept about the person estate
  • Whether there has been any conduct which might disentitle a claim

In such cases, family members (including parents, spouses, children, grandchildren and in certain cases,¬†siblings and step-children) may have the right to “challenge” the Will by making an Application to the Supreme Court for “adequate provision” from the deceased estate for the beneficiaries “maintenance, education or advancements in life”.

White Berman lawyers are experienced in assisting clients with contesting or challenging Wills (Inheritance Claims), or defending claims.

White Berman can assist you in giving advice as to whether the Will is valid, advice on claims, what to do if an Inheritance Claim can be made, what are your legal rights in terms of claiming or preventing such claims being made, and your options to resolve the matter.

It is essential that when dealing with Inheritance Claims and Wills that action be taken as soon as possible. This is because in terms of making a claim, strict deadlines apply in terms of Inheritance Claim matters.

Contact White Berman Barristers & Solicitors’ Modbury or Adelaide office today for a confidential appointment for all of your Wills and Inheritance Claims matters.

Call us today, your experienced family lawyers!