Defending Estates Against Unfair Claims

Losing a loved one is inherently difficult and can be compounded by the complexities of managing their estate. Unfortunately, even with a meticulously prepared will, estates can be vulnerable to unfair claims. These claims from disgruntled family members, creditors, or opportunistic individuals can drain resources, delay distributions, and cause significant emotional distress.

Our estate planning lawyers at Szabo & Associates Solicitors understand the challenges of defending estates against such claims and provide legal guidance.

Understanding Unfair Claims

Unfair claims typically stem from allegations of inadequate provision for a person who was financially dependent on the deceased or from the assertion that the will is invalid due to issues like lack of testamentary capacity or undue influence. The most common types of unfair claims include:

Family provision claims: Under the Succession Act 2006, certain people, such as spouses, children, and sometimes dependents, can make a claim against the estate if they believe the will does not provide for them adequately.

Challenges to the will’s validity: Some individuals may challenge the validity of the deceased’s Will, claiming it was made under duress or influence or that the deceased lacked the mental capacity to make the will.

Disputed claims by creditors: Creditors may attempt to make claims against the estate if they believe the deceased owed them money, often leading to disputes over the estate’s assets and priorities in the distribution.

Defending an Estate Against Unfair Claims

When defending against unfair claims, there are several strategies that an estate administrator or executor can employ while protecting the estate’s integrity and respecting the deceased’s wishes. Key steps in defending against such claims include:

• Challenge the claim’s basis: If someone makes a claim on the grounds of family provision, it is essential to assess whether the claimant meets the criteria. If they do not, we can build a strong defence to dismiss the claim.
• Verify the will’s validity: It is essential to gather evidence that supports the will’s legitimacy, such as witness statements or medical records to prove the deceased’s mental capacity at the time they made the will.
• Ensure compliance with legal formalities: Executors should ensure that the legal requirements for the will’s execution, such as witness signatures and the absence of undue influence, are in order.
• Settle through mediation: Sometimes, mediation can help resolve disputes before they go to trial. Mediation provides an opportunity for all parties involved to discuss their grievances in a neutral setting and work toward a mutually agreeable resolution.

Proactive Measures to Protect Your Estate

Disputes can arise despite careful planning, but proactive steps can reduce the risk. A clear, comprehensive will, drafted with the help of our Will writing Solicitors, is key to outlining your wishes and minimizing ambiguity. If your health is declining, a testamentary capacity assessment can confirm that you created the will with mental clarity.

Anticipating and addressing potential challenges, such as family dissatisfaction, can help prevent disputes. Ensuring proper execution of the will and maintaining open communication with family members can further safeguard your estate and uphold your wishes.

Szabo & Associates Solicitors Can Defend Against Unfair Claims

While it is unfortunate that unfair claims can arise against an estate, our NSW estate lawyers can defend the estate and help uphold the deceased’s wishes. If you are facing an unfair claim, contact us today to guide you through the process and help safeguard the estate.