Deceased Estate Disputes

NO WIN NO FEE ESTATE CLAIMS 

Challenges against deceased estates are occurring more and more frequently.

If you are a spouse, child, step-child or dependant of a deceased person and have been left completely or partially out of that person's Last Will and Testament, you may be able to challenge your entitlements.

If you can show that you have been left without adequate provision for your 'proper maintenance and support', you can make a claim against the estate. If you are successful, you will be awarded 'such provision as the court thinks fit'. This can involve receiving a specific asset of the estate, a lump sum payment or periodic payments.

In considering an application the court will consider, amongst other things, your financial position, the size and nature of the estate and the relationship between yourself and the deceased.

An Application will need to be made within nine (9) months of the date of death.

If you are successful, generally, all of your legal fees will be paid out of the estate. 

Catton Roderick Lawyers will investigate your claim and advise you on your prospects of success. If we believe you have a claim, we will attempt to achieve a result for you by agreement or mediation.  Only if absolutely necessary do we commence court proceedings on your behalf.

While the executors of the estate are bound to defend the Last Will and Testament of the deceased, executors commonly settle claims before the matter goes to court.

The process involved in challenging an estate can be very complex and stressful and Catton Roderick Lawyers have experienced staff available to assist you.

Depending on the matter we can provide a No Win No Fee service to you.

Call us today to for a free consultation regarding your rights on (07) 5499 2746

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