Welcome to the Michael Atkinson & Associates website.

Our firm's goal is to provide the highest quality legal services to you and your business in an efficient and timely fashion

Choose Michael Atkinson when you need to find a lawyer in Penrith

We welcome the opportunity to answer your queries and discuss how we may be of service to you.

Contact us on Freecall

1800 013 628

or email us on email@michaelatkinson.com.au

We are located at:

Suite 19, 1st Floor The Broadwalk, 458-470 High Street Penrith NSW 2750

Michael Atkinson & Associates can represent you when you need to find a Will Disputes lawyer in Penrith

Wills and deceased estates can be troubling. In an especially fragile time getting the right advice can bring quick resolution. We can also help you with writing a will.

FAQS

How can Michael Atkinson & Associates assist me with my Will or Estate problem?

At Michael Atkinson & Associates we can assist you with:

  • Bringing a Family Provision Claim.
  • Defending a Family Provision Claim on behalf of the Estate.
  • Claims for breach of contract relating to Estates.
  • Preparing your Will.
  • Obtaining Grants of Probate or Letters of Administration on behalf of an Estate.
  • Preparing an Enduring Power of Attorney and Enduring Guardian.

Contact Michael Atkinson to discuss your Will or Estate issue or problem.

How long do I have to make a Family Provision claim?

If the deceased died on or after 1 March 2009 any application must be made within twelve months of the date of the death of the deceased.  Further, the Court is able to make orders relating to any notional property of the deceased which could include any property that has been transferred up to 3 years prior to the date of death. 

What factors are taken into account to show that I have a need for provision to be made?

A Court will only make provision for an eligible person if that person can show that there is a need for the provision to be made for their maintenance, education or advancement in life.  In general terms that will relate to the needs of the eligible person.  Typical factors taken into account are:
(a)        any financial or non-financial contribution made by the eligible person;
(b)        the character and conduct of the eligible person before and after the death of the deceased; and
(c)        the circumstances existing before and after the death of the deceased.

Who is an eligible person to bring a Family Provision claim?

The Succession Act defines an eligible person to be either:

  1. A person who is the wife or husband of the deceased person at the time of the deceased person’s death;
  2. A person with whom the deceased person was living in a de-facto relationship at the time of the deceased person’s death;
  3. A child of the deceased person;
  4. A former wife or husband of the deceased person;
  5. A person:
      1. Who was, at any particular time, wholly or partly dependent on the deceased person; and  
      2. Who is a grandchild of the deceased person or was at that particular time or at any other time, a member of the household of which the deceased person was a member.
  6. A person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.

What can I do if I feel I have been unfairly treated in a Will?

If you feel you have been left out of a will or feel aggrieved as to the amount that you have been given then in New South Wales a claim can be made under the Succession Act 2006.  To be able to bring a claim you must be an eligible person and you must be able to show that there is a need for a provision to be made for your maintenance, education or advancement in life.