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:
Segelov Taylor acts on a ‘no win no fee’ basis for individuals in approved family provision claims. This means if you are not successful you will not be charged for our costs incurred in litigating the claim. You will not be charged any monies up front. We will pay all the disbursements (monies paid out by us for such things as court fees and mediator’s fees). We will not be paid for our work until the successful completion of your matter. Our fees our determined by an hourly rate plus disbursements. We do not charge a percentage of the amount recovered.
If you are not successful in your claim you may be ordered to pay the executor’s costs. It is therefore important you seek legal advice as to the merits of any claim before commencing proceedings.
When we act for an executor, the costs are normal paid, on an indemnity basis from the estate.
In certain circumstances Segelov Taylor will act on a ‘no win no fee’ basis in challenging a will.
Please contact our office and we will provide you with a free assessment of your case We will in all circumstances provide a full costs disclosure and will discuss the costs arrangements prior to commencing work.
Please email, or call us on 02 8880 0500 to discuss what assistance we can provide.