Unfair Wills

Unfair Wills and Contesting A Will | Turner Freeman Lawyers in Will Disputes

Have you been treated unfairly in a Will?

If you believe you have been treated unfairly under the terms of a Will, you may be able to make a claim that the Will is invalid or that you should have been more adequately provided for under the unfair Will.

This will depend on many factors including how you were related to the testator, the nature of your relationship with the testator, the testator’s state of mind at the time the unfair Will was created, and whether any fraud was involved in the drafting of the unfair Will.

Family Provision Claims

In some circumstances, the deceased may have considered you under their Will, but the assets held by the deceased may not form part of the Estate, such as a jointly held property with a spouse or other person. If this is the case, there may not be much left for you under the terms of the Will.

If you have a Family Provision Claim, in NSW you may be entitled to seek compensation from the assets outside the Estate, known as “Notional Estate”, as a Court can make orders in regards to the redistribution of Notional Estate. Unfortunately, there is no notional estate in Queensland.

It is important to contact a solicitor for a consultation as soon as possible to determine whether your matter qualifies for a Family Provision Claim, as time limits apply. (Please see our section on Family Provision Claims)

Call Turner Freeman Will Dispute Lawyers today on 13 43 63 to arrange your free consultation and case assessment. Our offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong, Gloucester, Adelaide and Whyalla.