WILLS & ESTATE DISPUTES

Baldock Stacy & Niven Solicitors, Orange NSW

WILLS & ESTATE DISPUTES

Baldock Stacy & Niven Solicitors (BS&N) in Orange provide a highly experienced and skilled team equipped to deal with all wills and estate disputes on your behalf.

Whether you are contesting a Will, protecting an inheritance or having issues with executors, beneficiaries or attorneys, BS&N can provide the advice and support you will need during this difficult time.

At BS&N, we realise it is difficult to be caught up in an estate dispute especially when also dealing with the loss of a loved one. Let us help with our free initial consultation.

We will provide a clear assessment of your situation and the strength of your position, options for resolving and likely outcomes. Negotiation and mediation can sometimes resolve the matter quickly but if not, we will rigorously represent your interest in court.

CONTESTING A WILL

Have you been left out of a will or treated unfairly? You may be able to make a claim to receive a share in an estate. BS&N can quickly assess whether you have a claim and we will not charge a fee for the initial consultation unless you make a successful claim.

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INVALID WILLS

Sometimes disputes relate to whether a will is valid or not. Often the “do-it-yourself” type of wills can fall into this category.

A will may be deemed invalid if:

  • It was not the last will made by the deceased.
  • There is doubt about the mental capacity of the person making the will or they did not understand it.
  • Undue influence was applied to the person making the will.
  • The will is unsigned or appears to be fraudulent in some way.

If a will is judged as being invalid it can be “set aside” as if it never existed. If there is an existing prior valid will, it will then become the basis on which the estate will be distributed. If there is no prior valid will, the estate will be distributed to the family of the deceased under Intestacy rules.

If you, as a beneficiary or an executor, believe there is an anomaly in a will contact BS&N for an expert opinion.

DISPUTES WITH EXECUTORS AND OTHER BENEFICIARIES

Sometimes a will is drawn badly, or something has been omitted or fails to make any or adequate provision for an eligible person. Other times an executor or administrator may not have discharged their duties correctly or act in the beneficiaries’ best interests. Sometimes a dispute can be around the beneficiaries not agreeing with the executor or an administrator’s decision.

BS&N can assist beneficiaries, executors and administrators in any type of estate or will dispute. It may be as simple as explaining rights and obligations, or it may be a situation that needs robust negotiation and a court decision. BS&N have the knowledge and expertise to find a solution and resolve the dispute.

BREACH BY ATTORNEY

Representatives of an estate have legal duties of confidence or trust (fiduciary duties) to act in accordance with the deceased person’s wishes and in the best interest of the beneficiaries and estate. Most estate representatives act properly, however that is not always the case.

Proper behaviour can be generally categorised by:

  • Care – the estate must be cared for in a manner that will benefit all parties of the estate.
  • Impartial – treat all beneficiaries equally, and not favour any beneficiary over another, even when they themselves are a beneficiary.
  • Loyal – make fair decisions and act solely in the interest of the beneficiaries and the estate.

BS&N can help identify and seek compensation on behalf of an estate or beneficiary who has incurred loss or been negatively impacted by a breach of duty.

If you have been left out of a will, feel you have not received your fair share or are defending against someone making a claim that will disadvantage you, then contact BS&N.

The legal team you want on your side.

LOCATION & CONTACTS

Mon – Fri: 9:00am – 5:30pm

Phone: 02 6362 2022

Address: 64 McNamara Street
(PO Box 1070)
Orange NSW 2800