Wills + Estates + Inheritance Law

Smith Partners Lawyers specialises in estate ligitation which is a legal dispute concerning inheritance usually brought about by people who have an expectancy under a Will which was not satisfied.

Types of disputes

1) Greater share of a Valid Will

The overwhelming majority of cases are brought about by people who do not challenge the validity of the Will but seek a share or greater share of the estate. These categories of people include spouses, possibly ex-spouses, children, those people with whom a testator lives in a domestic relationship including defacto and other certain circumstances such as grandchildren.

2) Challenges to the validity of a Will

These actions are the minority of cases in estate litigation and usually consist of allegations of fraud or forgery, undue influence, lack of mental capacity of the testator to make a will.

Entitlements

If a person is successful in bringing an action against an estate, the amount of their entitlements will be influenced by such matters as the value of the estate, the number of beneficiaries, other successful claimants, the nature and the quality of the claimant's relationship with the deceased.

How it Works

At Smith Partners Lawyers we have a very cautious approach to litigation and will not commence proceedings unless we are convinced that you have a very good chance of success. Of course we cannot guarantee success in any case, however we rely on our experience to assess your claim and advise you.

Frequently Asked Questions

1) Will I have to go to Court?

Almost certainly, if you want justice done you will need to commence legal proceedings. However, the vast majority of cases settle by negotiation before you have to give evidence in Court.

2) Will the Dispute hurt the family?

Usually family relations in estate matters are less than perfect before any inheritance dispute commences and proceedings can inflame or worsen the relations. This is a drawback, but you must remember if you do not take any action you will be forever denied your entitlement and every effort is made to help you separate the emotional aspects of the case from the commercial and legal reality and to encourage an amicable solution by way of negotiated settlement.

3) What will it cost me?

If you are successful, approximately 2/3 or 3/4 of the legal costs are paid by the estate and you bear the balance. If you are unsuccessful then the court will almost certainly order you to pay the legal costs. Because of the risk of this downside, our firm will only undertake cases that have a very high likelihood of succeeding.

4) How long will the case take?

Most cases take approximately 12 to 15 months from the time of commencing proceedings until the date for a court hearing. However, the fact is most cases do not go before a Judge because they settle by negotiation well before.

5) What are my chances of success?

Every case is different. Some cases are strong. We cannot give you a percentage chance of success; however we can say that if we take the case then you will have "reasonable prospect of success".