Get Help With Estate Disputes
Wills Disputes Solicitors in Penrith
The loss of a loved one is already a bitter and emotionally draining experience and discussing a will can further exacerbate your grief. During these critical times, you need an experienced and professional lawyer to back you up.
Michael Atkinson & Associates understand how difficult and sensitive these times can be, and we are always ready to support beneficiaries, executors, and anyone who feels unjustly excluded!
Specializing in contesting or defending a will to resolving executor or trustee disagreements, we’ll guide you through the entire process.
Common Reasons for Will Disputes
Disputes over wills can arise for many reasons, including:
- Undue influence
- Fraud or forgery
- Lack of mental capacity
- Executor Mismanagement
- Broken promises
- Beneficial interest claims
How Can We Help?
We help our clients with the following services and to speak to their exact needs in the court of law:
- Contesting a Will
- Defending a Will
- Executor or Trustee Disputes
- Broken Promises and Beneficial Interest Claims
Our Services:
1. Contesting a Will
If you feel you’ve been unfairly excluded or not adequately provided for, you may have the right to contest the will. At Michael Atkinson & Associates, we’re here to help you challenge the validity of a will on various grounds, including undue influence, lack of capacity, and fraud.
Our dedicated lawyer has extensive experience filing claims under the Succession Act. We’ll work hard to make sure you get a fair and satisfactory outcome.
2. Defending a Will
If you are an executor or beneficiary tasked with defending your will, we are here to support you. Our experienced team will help you address challenges such as:
- Claims of undue influence
- Fraud or forgery
- Lack of capacity
Make sure the integrity of the will is maintained and that your position is defended. Our service’s main goal is to ensure that the estate is administered according to the law and your testator’s wishes. Additionally, we represent executors in disputes and mediation to preserve the estate’s integrity.
3. Executor and Trustee Disputes
Conflicts between executors, trustees, and beneficiaries are not rare. They are at odds with each other, which can lead to lawsuits and court proceedings. We provide guidance to executors and trustees on their legal duties and responsibilities to help them resolve disputes like:
- Conflicts over delays
- Improper asset management
- Lack of transparency
Represent beneficiaries concerned about estate administration.
4. Beneficial Interest Claims
Promises about asset distribution should never be broken, but unfortunately, it happens all too often. At Michael Atkinson & Associates, we provide clear guidance to claimants and executors dealing with testamentary contract claims.
Whatever the dispute, our team will protect your interests and ensure a fair outcome. With our experience and results-driven approach, we’re able to overcome a wide range of intimidating scenarios.
Michael Atkinson: Your Trusted Legal Advisor in Penrith
With over 40 years of experience in the Penrith area we help our esteemed clients cope with their challenges and stress that come with Will disputes and legal proceedings.
Our expert approach involves using techniques like Alternative Dispute Resolution (ADR), such as negotiation and mediation.
These methods are designed to:
- Reduce conflict
- Protect sensitive relationships
However, if a court hearing becomes absolutely unavoidable, you can count on our skilled solicitors to stand by your side and fight for what’s rightfully yours.
Why Choose Us?
With over 40 years of legal experience, we understand the intricacies of Construction Law, Wills & Estate and Disputes, Probate and the specific challenges faced by our community in Penrith and beyond.
Featuring Over 40 Years of Legal Experience
Specialized in Building Construction Disputes & Wills Disputes
High-Quality Detailed Legal Advice & Personalized Service
Affordable Prices That Won’t Break the Bank
Proud Member of Law Society of NSW and Nepean Hawkesbury Law Society
Let’s Work Together!
Are you facing a dispute over your will? The importance of getting early legal advice cannot be overstated when managing your case effectively.
At Michael Atkinson & Associates, you can rely on our experienced team at your side throughout the process.
FAQ's
The most common grounds for contesting a will are lack of testamentary capacity, undue influence, fraud or forgery, and lack of knowledge and approval. Another reason is a Family Provision Claim, where an eligible person argues that the deceased failed to adequately provide for them. Each ground requires clear evidence to support the claim.
Inheritance disputes can be resolved through negotiation, mediation, or arbitration. Mediation is often effective, as a neutral third party helps guide the conversation toward a settlement. If these methods fail, litigation may be necessary, but it’s usually costly and time-consuming.
Contesting a will in NSW can take several months if resolved through negotiation or mediation. If the case goes to court, it may take 1-2 years or longer. There’s a strict 12-month deadline from the date of death to file a family provision claim, so it’s important to act promptly.
To contest a will in New South Wales you need to be an eligible person (spouse, child, dependent). Legal advice is crucial, as you’ll need to file a family provision claim within 12 months of the deceased’s death, after which you may proceed with negotiation, mediation, or litigation.