WILL DISPUTES
It’s important to know that:
- Will makers don’t always get it right.
- Blended families are on the rise.
- People are marrying more than once.
- Strained family relationships are not uncommon.
- People are living longer and often make many Wills.
- Elder abuse and undue influence are on the rise.
Family Provision Claims
In NSW a person can apply to the Supreme Court seeking provision, or additional provisional, from an estate of a deceased person.
The onus is on the applicant to prove that they have been left without adequate and proper provision for their maintenance, education and advancement in life.
The categories of eligible persons are as follows:
(a) a person who was the spouse of the deceased person at the time of the deceased person’s death;
(b) a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death;
(c) a child of the deceased person;
(d) a former spouse of the deceased person;
(e) a person:
(i) who was, at any particular time, wholly or partly dependent on the deceased person, and
(ii) who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member;
(f) a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.
Some categories of eligibility are relatively uncontroversial and include the wife or husband or a child of the deceased. However, some of the other categories of eligibility may be more difficult to prove and often will be fact specific.
In NSW a family provision claim can be brought:
- Within 12 months of the date of death of the deceased;
- Outside 12 months from the date of death provided the court is satisfied there is ‘sufficient cause’ for bringing the claim outside of this time; or
- The parties consent to the application being made out of time.
It is important that any applicant considering their options pursuant to the Succession Act seeks legal advice as soon as possible after the death of the deceased person.
There are a range of factors that the court consider when dealing with a family provision claim. These include:
- The relationship between the deceased and the applicant;
- The nature and extent of obligations the deceased person owed to the applicant;
- The nature and extent of the deceased person’s estate;
- The financial resources, both present and future, of the applicant;
- Contributions made to the deceased person’s estate;
- Conduct of the applicant as well as conduct of any other beneficiaries of the estate;
- Competing claimants and the nature; as well as
- A range of other factors the court may consider relevant.
It is important that any applicant considering their options pursuant to the Succession Act seeks legal advice as soon as possible after the death of the deceased person.
Contested Probate Hearings
Other types of will disputes are commonly referred to as contested probate hearings. These types of suits involve a challenge to the validity of a will. These types of claims include:
- Testamentary Capacity;
- Undue influence;
- Fraud; and
- Knowledge and Approval.
Generally, there will be a dispute between parties regarding an earlier will and a later will. Often medical and lay evidence will be required to prove or disprove the validity of the deceased person’s will.
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Meet the Team
Andrew Gamble
Partner
Andrew is a Partner at Gamble Law and has worked in the firm for over 10 years.
Andrew is a passionate wills, estates and property lawyer and has wide-ranging experience in all areas of estate litigation including family provision claims, probate disputes and disputes concerning trusts.
Andrew also has expertise in complex wills and estate planning, conveyancing and property law.
Andrew takes great pride in assisting his clients in a wide range of areas.
- Estate Litigation
- Complex Wills
- Probate &
- Letters of Administration
- Conveyancing and Property Transactions
- Probate
- Powers of Attorney and Enduring Guardianships
- Bachelor of Laws, University of Wollongong
- Bachelor of Commerce, University of Wollongong
- Master of Applied Law in Wills and Estates, College of Law
- Trust and Estate Practitioner (Member of STEP)
Outside of work Andrew likes keeping fit by running and surfing as well as spending time with his fiancé Mia.
Jack Adams
Solicitor
Cristian joined Gamble Law & Estate Planning as a Partner in January 2024 and leads the firm’s Commercial and Corporate division. He has returned to his beloved hometown of Wollongong after more than six years in Melbourne working at a nationally recognised mid-tier law firm.
Cristian takes a pragmatic and commercial approach when advising his clients, understanding that his value as a lawyer extends beyond merely providing expert legal advice. He is a true “people person” and finds fulfilment in watching his clients grow and succeed in business.
Cristian has wide-ranging experience across the spectrum of commercial and corporate law and has had the pleasure of working with clients in all manner of industries. Cristian also advises on property law and conveyancing transactions and commercial, industrial and retail leasing matters.
- Mergers and Acquisitions
- Business Sales and Purchases
- Shareholder Agreements
- Joint Venture Arrangements
- Business Structuring and Restructuring
- Commercial Contracts
- Commercial and Retail Leasing
- Business Succession
- Corporate Governance and Advisory
- Trademarks and IP protection
- Privacy Policies and Terms of Use
- Property Transactions
- Master of Laws (Commercial & Corporate), Monash University
- Bachelor of Laws (Hons), University of Wollongong
- Bachelor of Economics and Finance (Distinction), University of Wollongong
- Graduate Diploma of Legal Practice, College of Law
Outside of work, Cristian is a family man who enjoys spending his weekends outdoors whether that’s at the beach, on the golf course or running the Blue Mile.
Angela Lane
Law Clerk
Angela joined Gamble Law & Estate Planning as a law clerk at the beginning of 2021 after moving to Wollongong from her hometown of Bathurst.
Since working at Gamble Law, Angela has gained experience in conveyancing transactions, leasing, and estate planning, administration and disputes. She also assists with general day to day office management.
Currently in her final year of her Bachelor of Law (Honours) and Bachelor of International Studies degree at University of Wollongong, Angela is looking forward to being admitted as a solicitor in 2025.
When not at work, Angela enjoys reading, spending with family and friends, and exercising outdoors.
- Administration
- Client Services
- Conveyancing and Property Transactions
- Commercial and Retail Leasing
Why Choose Gamble Law
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