Wills & Succession Court Disputes

Angophora Legal acts for both executors and claimants in the Supreme Court of NSW in cases involving:

• Contested Wills;

• Testamentary Capacity Disputes;

• Family Provision Claims.

Contested Will Disputes

In some instances, a beneficiary may commence legal action against an executor where there is a dispute with an executor over the interpretation or meaning of terms or clauses in a will. Ambiguous, unclear and contradictory clauses in a will can all be cause for a dispute over the interpretation of a will. In these scenarios, a beneficiary and an executor may disagree over the course of administration of the deceased’s assets and the matter may have to be dealt with by the Court. Where there are ongoing disputes between an executor and beneficiaries of an estate, beneficiaries may in some cases seek orders from the Court for removing an executor and appointing an alternative person/s as executor of the Estate.

Testamentary Capacity

At times, beneficiaries of a will or relatives of a deceased person may challenge the testamentary capacity of the will-maker at the time of making their last will of which an executor is seeking a Grant of Probate. The Courts have established case authority for what is required to establish testamentary capacity, and there are a combination of factors in respect to assessing the decision making ability of the will maker. Theses are complex cases involving medical evidence and expert evidence requiring high level legal analysis. If it can be established before the Supreme Court of New South Wales that a person did not have testamentary capacity at the time of signing their last will, the Court has the powers to invalidate the disputed will and make orders to the effect of declaring an earlier will to be the last will of the deceased. Such an outcome can hold significant implications for administering an estate and a beneficiary’s inheritance. These cases may or may not involve an interested party filing a Probate Caveat seeking to restrict an executor from obtaining a Grant of Probate.

Family Provision Claims

If you believe that you are entitled to a greater share of a deceased estate, or that you have been left out of a will in unreasonable circumstances, you should arrange a legal consultation as early as possible to discuss your potential claim and the steps involved in making such a claim.

If a person dies in New South Wales or leaves assets in New South Wales, claims against deceased estates seeking a greater share of the deceased’s assets are generally governed by the Succession Act 2006 (NSW). The first step is to establish whether a claimant is an eligible person or a person within a recognised category of claimants. This may or may not entitle a person to make a claim as the remainder of the Court process involves greater complexity on a case-by-case basis to establish whether a claimant should be entitled to receive a greater share of an estate. Under the current legislation in NSW, an established category of claimants include the deceased's spouse, de facto partner, and children. Successful claims have also been made by former spouses, grandchildren or members of the deceased’s household who were wholly or partly dependent on the deceased. The Court will review a range of factors to determine whether greater provision should be made from the estate.

The Courts encourage all parties to explore alternate dispute resolution in family provision claims and Angophora Legal supports mediation to assist parties in reaching resolution at the earliest possible stage. Where this is not possible, Angophora Legal is committed to proficient and diligent legal representation to advocate on behalf of their clients at all times.

If you hold any concerns about a wills or estate matter, you should contact a lawyer as early as possible. Angophora Legal holds extensive experience in acting for clients in wills and estates disputes and will expertly guide you through your options.

Contact our firm today to schedule an obligation free case assessment and consultation.