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CLAIMS AGAINST THE ESTATE

Claims Against The Estate

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As you develop your will, know that you have the right to distribute your estate as you believe appropriate. In New South Wales, the law requires a person to make provisions for their spouse and children who demonstrate that they have a need which should have been considered and provided for by the deceased, but many may also include other people who are wholly or partly dependent upon the deceased, and had at some point lived in a close, personal relationship with that person.

As an increasing number of people go through life with complicated family structures such as subsequent marriages or de facto relationships, which produce children, the situation may arise where a person’s will is contested.
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Should this occur, the Walker team is able to assist executors in considering and meeting claims made by persons contesting the provisions of a will which they claim they have been left out of when they should have been provided for or is grossly unfair.

If you believe that you have not been properly provided for, we are also able to give you advice and assist in bringing your claim against an estate on your behalf. 

No matter which side of the fence you may be on, we look to resolve the dispute through negotiated settlement. This will prevent the matter from going to court and reduce legal costs which can often reduce the animosity between people that previously may have enjoyed a close family relationship.
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