WILL BODYGUARD

Defending your will and estate against a claim

Certain people can make a claim against your estate, after your death, if they are not happy with the provision made for them in your will. 

What can I do to prevent a claim or help my executor defend a claim that may be made against my will and estate?
Option 1 

In New South Wales, the only way to prevent a claim arising after your death is to reach an agreement with the person who may make a claim, that they will not make a claim (usually in return for some monetary amount or property or for a reciprocal release) against your estate AND to have that agreement (containing a release of that person's right to bring a claim) approved by the Supreme Court of New South Wales. If you have entered into a new relationship, or a second relationship, each person in the relationship may be willing to agree, for example, that they will each leave their estate to their respective children and will not make a claim against the estate of the other. However, the release of rights will only be binding against the other if the release is approved by the Court. We can assist you to: 

  • reach an agreement with the person who may make a claim; 

  • document that agreement; and 

  • apply to the Supreme Court of New South Wales for approval of the agreement. 

 

Option 2

If reaching an agreement with the person who may make a claim is not an option or is not possible, then the next best thing is to leave a statement, in a form that complies with the rules of evidence and will be acceptable to the Court, to explain why you have not made provision for the person who may make a claim, or to explain why you would not want the person in question to receive more or different provision than you have made for them. You are the best person to give that evidence but if you don't leave a statement in this form, the Court will not be able to consider your reasons and will have to rely on second hand evidence of your wishes from other people. Help your executor to defend a claim against your estate by leaving a detailed statement, professionally prepared, that complies with the rules of evidence. 

There are other options available depending on your circumstances. Contact us now to discuss your options with us. 

Enquiries

For any enquiries, questions or comments, please call:

+61 2 8089 3139 

or contact us by email here

Sydney City Office

Level 21

133 Castlereagh Street 

Sydney NSW 2000

Pymble Office

Suite 2 Level 2, The Bureau

14 - 16 Suakin Street

Pymble Sydney 2073

E:   info@mjmlawyers.com.au

T: 61 2 8089 3139

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ACN 612 454 949. 

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What to expect when you visit our offices.

 

Our offices are designed to encourage you to feel calm and relaxed. We will listen carefully to your story before presenting some well-researched options to suit your situation. 

There is ample parking near our office and we are close to public transport and shops. 

We offer fixed fees where possible so that you will know in advance how much our services will cost.

The pictures shown here are our actual office, provided courtesy of The Bureau, Pymble.

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Our specialist legal practice at a glance.

 

Our highly trained practitioners are specialists in the following legal areas:

- Wills and Estate Planning

- Probate and Administration

- Resolving Wills and Estate Disputes

- Advising in relation to trusts 

- Powers of Attorney

- Enduring guardianship

- The affairs of incapable persons

We also specialise in listening. We understand that these matters can be distressing and we will give you the best advice possible for your circumstances.