Wills, Estates and Challenging a Will
- Dec 11, 2015
- 2 min read
Updated: Nov 25, 2020
By Lisa Ruggero-Salerno
OH MY GOD my mother has left me out of her Will CAN YOU BELIEVE THAT!! This is something we hear all the time. Or we have situations where one child is favoured over the others. Sometimes for no reason whatsoever. Sometimes what happens is that one sibling will be in the position of power with their parent and take that parent to a solicitor for the purposes of redoing their Will so that they receive more or all of the Estate.
WHAT CAN BE DONE?
Luckily in New South Wales we have the ability pursuant to the Succession Act to make a family provision claim whereby if you have been excluded from a Will and you are an eligible person, you can bring a claim in the Supreme Court of New South Wales claiming that provision should be made in your favour from the Estate of the Deceased.
There are strict time limitations. You have one (1) year from the date your parent passes away to make such a claim. But what can you do to avoid that situation before your parent passes away? A lot of people don’t like talking to their parents about their will, organising a will or having a family meeting about what is in the will. It is important that you discuss those matters with your family.
At VIZZONE RUGGERO TWIGG LAWYERS we offer a variety of services when it comes to Wills. Whether it is challenging a Will, making a Will, or just generally discussing it, we can assist you. We also provide a service where we meet with all of the family for the purposes of clarifying the Will. It is always best to do that before rather than after and have some nasty shocks.
So, if you have a loved one, think about making an appointment and we will be more than happy to discuss having a further meeting with all of the members of the family to go over the Will so that there is no conflict and eating up of the Estate later in litigation.
Lisa Ruggero Salerno is a Partner of our Wills and Estate team. She has over 30 years experience in the area. The firm has also been involved in Estate challenges that have changed the law. Feel free to make an appointment at our city office on 9264 7244 or our Mascot office on 9667 1271. Alternatively, email us at law@vrtlawyers.com.au with your details and we will get in contact with you.
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