Family fights can be emotionally draining and difficult. We're here to guide you.
The death of a relative is a difficult time for any family and even more so when a dispute looms over the estate. We can provide you with clear information, advice and representation to help you to navigate this challenging period.
Estate disputes are as varied as the lives of the people involved. It is critical to obtain effective legal advice on your specific circumstances. We understand the toll that these sorts of disputes take on families. We will give you practical and objective advice and help you resolve disputes as quickly and efficiently as possible.
Common Estate Issues
How we can help
Find information about some common estate issues below
Challenging the
validity of the Will
If you have concerns about the validity of a Will, we can give you practical, sound and cost-effective advice.
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Claiming superannuation death benefits
Superannuation is often the most valuable asset. How it is deal with is subject to complex rules. It is important to get early and sound advice.
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Challenges to the conduct of an executor or administrator
Sometimes executors don't behave themselves. If you are concerned about how an estate has been handled, we can help.
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We're happy to help
Unsure which service is right for you?
Our friendly and experienced team can help you decide.
Why choose us
We provide great service at competitive prices.
02.
Share the burden
Let us take over the administrative work so you don’t have to worry.
03.
Industry experts
We’ve helped hundreds of people administer estates, both large and small.
FAQs
Who can challenge a Will?
You may be able to challenge a Will if you have one of the following relationships with the testator:
- married or de facto partner immediately before the testator’s death;
- a former spouse or former de facto partner if you received or were entitled to receive maintenance from the testator;
- a child;
- a grandchild or step-child (in certain circumstances); and
- a parent or step-parent.
What will the Court consider?
The Court will first consider whether the testator has made an adequate provision for you in your particular circumstances. This includes consideration of:
- your financial position, level of education and age;
- the provision made for you in the Will (if any);
- the relationship the testator had with you and the other beneficiaries;
- the value and nature of the estate;
- any contribution you have made to the testator’s assets;
- the needs of other family members; and
- any conduct that you have engaged in that may disentitle you to a share of the estate.
When should I apply to challenge a Will?
If you intend to challenge a Will, time is of the essence. You must apply within 6 months from the date of any grant of Probate or Letters of Administration (although the Court has a discretion to extend the deadline).
What if I am a beneficiary of a Will that is being challenged?
A beneficiary of a challenged Will does not need to actively participate in the proceedings. However, if the Court upholds the challenge, the amount you will receive under the Will may be reduced. For this reason, you may want to present your financial and personal circumstances to the Court to persuade it not to reduce your entitlement.
What if I am an executor of a Will that is being challenged?
As an executor, you will need to be actively involved in the court proceedings. Your role is two-fold: to provide information regarding the value and nature of the estate and to defend the existing Will. In most cases, an executor will be entitled to have their legal costs paid from the estate, irrespective of the outcome of the proceedings.
Meet our team
We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers. We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.
Legal Practitioner Director
Michael is an experienced succession and property lawyer and has served the Western Australian community as a legal practitioner for over 27 years at Curae Law. Michael has represented clients, both in and out of court, in matters spanning……
Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team to provide easy to understand succession and estate administration advice. As well as practising law, she brings together people, technology and processes to design and deliver our innovative legal services. Lucy,……
Paralegal
Maya joined Birman & Ride in 2023 as part of the firm’s law cadetship program and acts as the first point of contact for many of our clients. She oversees new business enquiries through phone and email, for Probate,……
Lawyer
Sean is a dedicated lawyer within the wills and probate team, specialising in guiding individuals through the intricacies of legal matters such as wills, powers of attorney, and powers of guardianship. In the realm of estate planning, Sean offers……
