Contested Wills

Contesting a Will

Welcome to this ever increasing area of law. This is not a pleasant area of law to be involved with, whether you are an executor, a beneficiary, a creditor, or a person claiming on the estate.   It is a stressful area of law and often brings to the front strong emotive and psychological reactions.

It is important that you get the right advice and that you get advice immediately. Any delay could be detrimental to your interests.

Family Provision Claims

It is generally understood we have a moral obligation to provide for people who are dependent on us when we die, by giving them adequate provision in our Will.


If you have not been adequately provided for in a Will of a loved one, then you have the ability to make a Family Provision Claim on their Estate.

At the time of the loss of a close relative making a Family Provision Claim is often the furthermost thing on your mind. You need to be aware that there are time frames on making a Family Provision Claim and these time limits commence from the date of death.

If you have been dealt with unfairly by a loved one you need to get advice early. Often people change Wills for some misconceived wrong and leave people out incorrectly.


These claims are full of emotive actions and reactions. At Evans and Wislang we have dealt extensively in claims and know the issues and the law. We use this knowledge to your advantage.

Your first consultation is free.  
Contact us on  4952 5344 and arrange an appointment convenient to you.

Intestacy

A person dies intestate if he/she dies without having made a valid Will.

Partial intestacy can occur where a person has not disposed of all assets under a Will,  or the wises cannot be carried out.

Where this happens the law defines who shall inherit the assets of the deceased.  This can result in a grossly unfair distribution of assets.

If this happens you need to obtain advice as to your standing, rights and obligations and advice as to what action you can take to remedy the harshness of the situation.

If you wish to contest an Intestacy, or Partial Intestacy, it is important to get the right advise and to get it early.  Strict time frames apply.

Contact us on  4952 5344 and arrange an appointment convenient to you.

Superannuation Claims

Superannuation can be distributed by the Funds in a number of ways upon the death of a member.  

One way is where the deceased has directed the Trustee of the Superannuation policy to pay the monies under the policy directly to the deceased’s Estate. In this way the monies under the policy, form part of the deceased Estate and are distributed to the beneficiaries in accordance with the Will.

Another way is where the deceased has made a binding nomination on the Superannuation Trustee and the monies payable under the policy are paid directly to the beneficiaries nominated by the deceased. This has the effect that the monies payable under the policy do not form part of the deceased’s Estate and are not available for distribution to beneficiaries under the Will.

A further way is where the deceased has made a non binding nomination. These non binding nominations can be challenged but the procedure generally fall outside the parameters of a Court’s Jurisdiction, and is more or an Administrative appeals procedure. Rules regulation and procedures do apply.

If there is Superannuation involved, particularly if the amount is significant, then you need to seek legal advice on what action can be taken to have this money included in the Estate of the deceased.

The amount of any entitlement you may have may be greatly enhanced if the correct steps are taken.  

Don not leave it to chance. Contact us on 02 4952 5344 for advice now. Time frames are short and preliminary steps and actions must be taken before any claim can be formally lodged.
Our lawyers are aware of these requirements, and in Superannuation and Family Provision Claims.

If you have an issue in relation to a Family Provision Claim, particularly involving Superannuation then you need to contact Evans & Wislang as soon a practicable.

CONTACT EVANS & WISLANG
Contact us via email
Phone: (02) 4952-5344
 
CLICK HERE to subscribe to our newsletter.

 
Testimonials
 
"Dear Toni, I wish to express my sincere thanks to you for your professional assistance and advice you extended to me in the recent sale of my unit and purchase of another." F M Adam
 
“Dear Toni & Robin,  On behalf of the Directors of FASA I wish to thank you for your assistance in conducting the case for us.  We are very pleased with the outcome and look forward to getting back to normal life and getting back to business.  Your comforting words, obious talent and probably above all your good humour assisted us in keeping a clear mind.Thank you once again.
Regards
Bob Collins
FASA Board”
 
"Buying our new house was very stressful until I met Toni Wislang. I can't thank her enough for sorting out the problems caused by our previous conveyancer."
Robert R.