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)
Meet our clients
“Mr Goldberg was always there. When I needed help, I would always ring him and he always answered my questions fairly and honestly. My main concern about seeking legal advice was financial and I couldn’t afford legal fees but with their No Win, No Fee policy, I was relieved and would meant that I could contest the will.”