David Taylor got me through what could have been a rough time with regards to my family estate proceedings. I had no idea of where to start, and was guided by David. He was so approachable, always at the end of the phone to answer questions, and, was a strategic professional to have on my side. My outcome was favourable and I cannot thank him enough. During the process I needed support, and he comforted me with his knowledge. I hope to remain a friend of this brilliant lawyer. He fights for your rights.
Wills Help
Segelov Taylor Lawyers provides high quality representation in Wills, probate and estate adminsitration disputes in New South Wales.
Segelov Taylor Lawyers provides high quality representation in Wills, probate and estate adminsitration disputes in New South Wales.
We offer free initial advice with a No Obligation Case Assessment.
Help
when you are worried about fraud or capacity
Dementia, lack of capacity & undue influence
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when a will is unfair
Family provision claims
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defending an estate against claims
Defending a Will against a claim
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when the executor isn't doing thier job
Distribution of an estate from a Will or intestacy
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with probate and distributing the estate
Obtaining Probate or Letters of Administration
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preparing a Will so that your wishes are carried out
Estate planning, statutory Wills
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Segelov Taylor
Wills Help Information Videos
Wills Help
More Information
The Succession Act 2006 (NSW) allows an eligible person to contest a will where they have been left out of the will or not adequately provided for.
The Act defines an eligible person as:
- A spouse or former spouse;
- A de-facto (including same sex partner);
- A child (including adopted child);
- A person who was, at any time, dependant (wholly or partially) who is a grandchild or was a member of the deceased’s household; and
- A person the deceased was living in close personal relationship with at the time of death.
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Strict time limits apply in family provisions claims.
In NSW, a claim must be commenced within 12 months from the date of death. There is limited scope for obtaining an extension of time.
In other states different time limits apply.
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Most claims resolve at mediation. If a claim settles at mediation, it generally takes between three to six months from the filing of the Summons to completion.
If a claim does not settle at mediation it will take longer. If the matter proceeds to hearing, then it normally takes between 12 to 18 months to finalise.
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As the executor, you have a duty to defend the estate and to attempt to uphold the terms of the will. However, the executor must act reasonably and seek to negotiate and compromise a claim where necessary.
This is particularly so if the estate is relatively small and the cost of defending the proceedings would greatly diminish the value of the estate.
The executor will be named as the defendant in a family provisions claim and will be required to file Affidavit evidence detailing the assets, liabilities and value of the estate, the financial and other circumstances of the beneficiaries and reply to evidence that has been filed by the claimant.
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A challenge may be made to a will on the basis the will was not executed properly, the deceased lacked testamentary capacity, or the deceased was subject to undue influence.
Testamentary Capacity
A person making a will must have testamentary capacity. This means they must be of sound mind, memory and have understanding at the time of making the will. A person is regarded as having the required capacity if they:
- know what a will is;
- realise in general terms the amount and type of property they are disposing of;
- can weigh the “moral claims” that they should be considering when deciding who to leave property to; and
- know and approve of the contents of the Will.
Undue Influence
A will can also be challenged if there is a suggestion that the person who assisted the maker to draw up the will stands to gain from the will. A court will however only overturn a will on the grounds of undue influence where it is satisfied the will maker’s mind was coerced to such an extent that the resulting will was contrary to the will maker’s real intentions. This is extremely difficult to prove.
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To be successful in a claim you must be an eligible person and be able to satisfy a court that you have not received adequate provision for your proper maintenance, education or advancement of life in the deceased’s will. Each case will be determined on its facts. A court will, in determining the matter, consider the following:
- The adequacy for the provisions for your maintenance, education and advancement of life in the will;
- The circumstances of other eligible persons or beneficiaries under the will;
- The nature and duration of your relationship with the deceased.
- Your circumstances including your financial resources and earning capacity and your health;
- The size of the estate.
- Any contributions you made both financial and non-financial to the deceased in their lifetime.
- Any provisions the deceased made for you during their lifetime.
The above list is not exhaustive, and the court is able to consider any other matters it considers relevant to the determination of the claim.
Book a No Obligation Case Assessment
Start the process by arranging a No Obligation Initial Case Assessment. There is no fee associated with the Initial Case Assessment.
Fill in the form to arrange a conversation with one of our senior lawyers, either in person , or over the phone or by video call.
In the free initial case assessment we will obtain general information and provide preliminary advice on whether we believe you are likely to have a claim, the value of any claim the process involved, as well as our costs and the terms on which we could act in the event you were to instruct us.
There is no obligation to instruct us in your matter following the assessment.
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Testimonials
☆☆☆☆☆ Rated 5 out of 5
David Taylor got me through what could have been a rough time with regards to my family estate proceedings.
A knowledgeable team who worked tirelessly and thoroughly through my case even with an extended timeline.
A knowledgeable team who worked tirelessly and thoroughly through my case even with an extended timeline. When it came time to reach a settlement they pushed to get the very best for me. Thankyou Tanya, David and the rest of the team
I cannot thank David Taylor enough for the professional way he helped me through a tricky situation with a will dispute.
I cannot thank David Taylor enough for the professional way he helped me through a tricky situation with a will dispute.
I didn’t know who to turn to, and from the moment I enquired through the Segelov Taylor website, David was extremely helpful and very understanding.
A reasonable fee structure too.
I would have no hesitation in recommending David Taylor and Segelov Taylor to anyone.
Thank you
