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Answering the above question is not always going to give the same answer. Often, the answer will depend on the particular fact circumstances unique to every family. The answer will also differ depending upon what kind of claims could be made.

Claims against estates fall into several broad categories:

1. Family provision – where someone has been left with inadequate provision from an estate [Who can make a family provision claim]

2. Challenges to validity – where the deceased made a will but there with errors in it, the will is unclear, the deceased was not of sound mind, or the will was made in suspicious circumstances [Challenging a will in NSW]

3. Equitable estoppel – where someone relies upon a promise by a deceased person to their detriment

With modern issues like blended families, shared residences and granny flats becoming more common, sometimes a will dispute will involve some or all of the above categories.

Due to these issues, if you:

  • are a family member who is unsure about whether you can make a claim against an estate; or
  • are wanting to know which of your family members might be eligible to make a claim against your estate

Contact us for a free and confidential chat about the circumstances that are unique to your family. Remember time limits do exist, and it is important that you obtain the right legal advice to understand your rights and options.

Turnbull Hill Lawyers, and specifically Adrian Corbould and Mary Windeyer, have been named in the prestigious 2018 Doyles Guide.


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