Services

Inheritance disputes

If a Will or the laws of intestacy do not make adequate provision for certain family members, they may be open to challenge.

Certain family members who have been left without adequate provision from an estate may be able to challenge a Will or the laws of intestacy.  Strict time limits apply, so seek advice as early as possible.

The Court will consider all the circumstances of the case to determine whether the Will or the laws of intestacy make adequate provision for the proper maintenance, support, education or advancement in life of the applicant.  If the Court finds that an adequate provision has not been made for the applicant, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.

You should also obtain legal advice if:

  • you are not certain that the deceased was of full mental capacity when the Will was signed;
  • you are unsure whether the Will is the last Will of the deceased or there is any evidence the deceased wished to revoke the Will; or
  • the Will is vague or unclear.

 

Our fees

We recommend you start by booking a consultation. After the consultation we will give you a  quote for our further services.

Inheritance disputes

Initial consultation  $385

We will give you initial advice about whether the estate is open to challenge and your next steps.

Unable to attend our office? We can conduct your consultation by telephone or Skype – please contact us.

Our fixed fee includes:

  • a meeting of up to 60 minutes at our office; and
  • an estimate of costs for future representation.

What to bring to the consultation:

  • your photo identification;
  • a copy of the Will;
  • a statement of the assets and liabilities of the estate, if available.

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WHY CHOOSE US

Our experience enables us to provide great service at competitive prices.

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Call (08) 9220 4490

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MEET THE TEAM

Supervising Partner
Michael Hodgkins
Supervising Partner

(08) 9220 4455
mh@birmanride.com.au

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Senior Associate
Lucy Dickens
Senior Associate

(08) 9220 4401
ld@birmanride.com.au

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Lawyer
James Flexman
Lawyer

(08) 9220 4419
jf@birmanride.com.au

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Lawyer
Krysten Russo-Battagliolo
Lawyer

(08) 9220 4409
kr@birmanride.com.au

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Legal executive
Tara Ott
Legal executive

(08) 9220 4416
tao@birmanride.com.au

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Accountant
Gunanithi Nagarajah
Accountant

(08) 9220 4406
gn@birmanride.com.au

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