Defending Your Inheritance or Gift under a Will

You may have learned that you will be the recipient of a share of a deceased estate or been given a gift under a will. This can quickly become an unpleasant experience if you receive news that the will is being challenged or a claim is being made against the estate. If this occurs, depending upon the facts and circumstances of the claim you could lose your inheritance or receive less from the estate.

Here at Fox & Staniland Lawyers we recommend that you not delay in obtaining independent legal advice as the first step. Independent advice means independent from the executor’s lawyer, will-maker’s lawyer, the other beneficiary’s lawyer/s and from the lawyers acting for anyone making a challenge or claim against the estate.

When a will is challenged, or a claim made on the estate everyone involved will try to protect their own interests. We recommend that you promptly seek your own independent advice to ensure your interests are looked after.

We recommend you obtain immediate legal advice if:

you are suspicious that the executor has not protected the estate;
there is a challenge or a claim against the deceased’s estate;
you need help negotiating with the other beneficiaries of the will;
the executor is a trustee company, the public trustee or an executor company;
you are not being correctly informed as to how the estate is progressing;
you are not being correctly informed as to how the dispute is progressing;
the administration of the deceased’s estate by the executor is suspicious; or
the executor does not share your view of the proper way to protect the estate assets.

If your entitlement under a will is disputed, then we recommend not to delay seeking independent legal advice by an experienced will challenge lawyer. If you choose not to seek legal advice quickly you may miss your chance to defend your inheritance and will not get a second chance!