Estate Disputes

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    Estate disputes can arise for a multitude of different reasons. If you believe that you’re being unfairly left out of a will, and/or believe the executor of the deceased person’s estate is acting improperly, the proper legal assistance can help you get the right outcome you’re looking for.

    A few (but not all) of the potential situations that may lead to estate disputes include:

    • The deceased person not being of full testamentary capacity to understand what instructions they were creating in the will at the time
    • Undue influence to the extent that the will doesn’t reflect the wishes of the deceased
    • The deceased had left no will, resulting in the estate distributed by statutory provisions. Problems often arise as this does not truly reflect the individual circumstances of the deceased and the relevant heirs or claimants.

    For estate disputes where you feel you’ve been wrongfully treated, speak to the legal experts at PK Simpson today.

    PK Simpson has the brightest and most highly experienced lawyers to get your estate disputes resolved with the best outcome possible.

    We have been successfully defending the rights of our clients fighting will dispute cases for many years.

    Insurance Disputes

    Protecting a Will Against Contesting

    The truth is, any will can be contested in NSW. Any person deemed eligible by the courts to make a claim against an estate can do so provided they can prove they have not been properly provided for in the deceased’s will.

    But if you have your will drawn up by a team of lawyers such as those at PK Simpson in Sydney, the likelihood of interested parties or other family members successfully challenging it are much lower.

    Anyone, including a son or daughter, spouse (whether there has been a divorce or not), relatives and others making a claim, an appeal, a challenge or contesting a will must meet these three essential criteria:

    • You must be eligible under the law
    • You must be in financial need
    • You must prove that provision in the estate should have been made for you by the deceased.
    Insurance Disputes
    Estate Disputes

    Estate Dispute Lawyers

    PK Simpson is the firm of lawyers you can turn to for the best professional, sound, and leading legal advice for your estate dispute matters. The likelihood of success for your estate dispute depends on factors such as the size of the estate being disputed, the relationship between the claimant and the deceased, financial and personal circumstances of the claimant, the individual circumstances of any other beneficiaries, as well as many more aspects.

    Our focus at PK Simpson, as your legal representatives and advocates, is to ensure you’re helped in preparing all the necessary documents and evidence to prove your rightful claim on the estate.

    Many estate disputes have a 12-month time limit from the date of death. Don’t wait any longer and speak to our team today to find out how we can assist with your estate litigation disputes and claims.

    If you have an estate dispute and are seeking the best, proper legal advice for a successful result, get in touch with our estate dispute lawyers at PK Simpson today. Call 1300 757 467 or fill out our online contact form with your details and we’ll get in touch with you right away.

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      Frequently Asked Questions

      Inheritance impatience is an ever-increasing form of elder financial abuse when relatives illegally or improperly misuse an older relative’s money or property. This abuse is now more common as life expectancy rates are higher, and relatives or people who feel entitled must wait longer to benefit from an inheritance. This causes individuals to acquire assets when the owner has not given informed consent.

      Claiming family provision is the same as challenging or contesting a will. Family provision claims are for financial provision from the estate if you’ve been left out or a claim for more financial provision if your financial provision in the will is inadequate.

      When you contest a will you are challenging the will’s validity and it’s often done for these reasons: fraud, undue influence, forgery, or testamentary capacity (lack of mental capacity to make the will at the time of making it).

      The best way to find out if you have a chance at success in contesting a will is to take your questions and your evidence to one of the will and estate expert lawyers at PK Simpson so we can properly evaluate your evidence. After we delve into it you’ll know what your chances are of changing the estate’s property and assets distribution.

      If you fail to apply to the Court in the 12-month time period there is still a chance that you may be allowed an extension but only in special circumstances. The main reason you may get an extension is that the estate has yet to be distributed. A judge would have to be convinced that you had a valid cause for being late, and you need to show your excuse, explanation or justification. Be aware that it isn’t enough that an executor agrees to extend the time limit; only a judge can approve the extension.