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Cutlers the Law Firm

(02) 4334 4777

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Contested Estates

When can a Will be challenged?

A Will can be challenged if it is thought to have been forged or executed under duress or without the testator’s understanding of the document.

A Will can also be challenged by a person who has been left out of the Will, or perhaps left a smaller amount than they believed they would inherit. In these circumstances, a Will can only be challenged by a person who is deemed eligible to do so under the current legislation and must usually be done within 12 months of the date of death. People who may challenge a Will include:

  • A husband/wife of the deceased person;
  • A de facto spouse (including same sex partner) of the deceased person (rare);
  • Someone who lived in a close personal relationship with the deceased at the time of their death;
  • A former husband or wife or spouse of the deceased person;
  • A child of the deceased person;
  • A person who was financially dependent upon the deceased person and is a grandchild or someone who at some time lived as a member of the deceased’s household.

Whilst challenging an estate requires an application to the Supreme Court, many of these types of matters can be dealt with by negotiation without involving the Court.

Please contact us to discuss the specific circumstances of your case so we can properly assess and advise you in this regard.

How will Cutlers The Law Firm Help?

We have a wealth of experience dealing in these types of matters both acting for a claimant and for the estate.

We will provide you with sound advice regarding the prospects of your claim, or of a claim against the estate, and represent you in terms of actioning or defending that claim.

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Areas of Practice

  • Conveyancing
  • Wills
  • Probate & Deceased Estates
  • Contested Estates
  • Power of Attorney & Appointment of Enduring Guardian
  • Sale & Purchase of a Business
  • Subdivision & Off the Plan Purchases
  • Mortgages & Guarantees
  • Commercial Leases
  • General Legal Work

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Cutlers the Law Firm

You will be offered the highest possible level of professional advice and service. You will be informed in the beginning about how your matter will be handled, what the service will cost, and other ways in which we can help.

Location

  • 187 The Entrance Road,
    THE ENTRANCE NSW 2261

Phone and Email

  • (02) 4334 4777
  • admin@cutlerslaw.com.au

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