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Estate Planning

Disputes – Part IV Claims

Have you been left out of a Will?

Have you been adequately provided for?

Is someone challenging your claim to a deceased estate?

Have you been the primary carer for elderly parents, only to receive an equal share as your siblings?

Do you believe you were entitled to benefit from a deceased estate?

Does your Will give reasoning for excluding someone?

With nearly half of adult Australian’s not having a Will, and many having a poorly drafted Will, estate disputes are not uncommon.

Many aggrieved beneficiaries and non-beneficiaries of deceased estates are typically dependents or spouses of a deceased, who have either not been provided for, or have not been sufficiently provided for.

Other circumstances that may give rise to a claim against a deceased estate include:

  • No known Will in existence;
  • Relationships that commenced after the last Will was drafted;
  • Wills that do not provide for de facto spouses or children from another marriage / de facto spouse;
  • Wills believed to be made under duress or while the testator was not of sound state of mind;
  • Ambiguous or ambivalent Wills (typical of Will kits and computer generated Wills);
  • The aggrieved beneficiary or non-beneficiary has a greater need for support and provision than other named beneficiaries.

For further information on estate challenges and Part IV claims, you should read our blog posts on real life case examples and articles here.

Challenging a Will can be a complex process, but it needn’t be expensive, with the costs of the challenge often being met from within the estate funds.

If you believe you may be an aggrieved beneficiary or non-beneficiary, contact our estate planning team now to discuss your circumstances, and what solutions may be available to you.

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Paul Traianedes
Principal Solicitor - Estate Planning

Paul is the Principal Solicitor in Estate Planning at R.B. Flinders.

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