Estate Claims

Estate Claims for Caboolture

No Win No Fee Deceased Estate Claim Information (Queensland)

A person who has been left out of a will or has received an unfair share of an estate, may be able to make a claim against that deceased estate for an adjustment of an amount to be paid to them. 



In relation to a deceased estate a person may:

(a) Challenge the will; or 

(b) Not challenge the will but make a claim for further benefit.

A person who challenges the will is attempting to show that the will is invalid either because the deceased was unduly influenced or lacked capacity to make a will. 

The second type of claim is where the claimant seeks a further benefit from the estate. In this case the will itself is not challenged but the gifts under the will are sought to be altered. 

It is the second sort of claim which is referred to as a Deceased Estate Claim or a Family Provision Claim. 

How Much Will it Cost?

We can assist you with either making a Queensland Family Provision Claim against a deceased estate or in defending a deceased estate against such a Family Provision Claim. 

We normally conduct Family Provision Claims for claimants on a NO WIN NO FEE basis, which means you do not have to pay unless we are successful in receiving additional money from the estate for your benefit.

If we do not achieve this result we are not paid. 

What Do I Need to Know?

Before starting any claim for family provision, you should consider the following:

Mother Holding Daughter Hands — Redcliffe & Caboolture, NSW — Catton Roderick Lawyers

1) Am I eligible to make a claim?

Under section 41 of the Succession Act 1991(QLD) persons who can make an application for family provision are as follows: 

i) The deceased persons spouse, including married spouse and de facto. 

ii) A child, including any stepchild or adopted child of the deceased.

iii) A person wholly or substantially maintained or supported by the deceased. 


Most people do not realise that a deceased stepchild is eligible to make a claim and the death of the deceased will not change the fact that the step child is eligible to make a claim. 

 

2) Are there any time limits?

A claimant should give notice to the executor within six (6) months from the date of death because if the executor does not have notice of claim within six (6) months, the executor may distribute the entire estate. 

After giving notice of intention to make a claim, the claimant then has nine (9) months from the date of death to file a court application and supporting affidavit. 


3) What is the likely cost of making a claim?

In relation to Family Provision Claims, we operate on a NO WIN NO FEE basis.


4) Does the size of the estate make a difference?

The size of the estate will make a difference as the Court considers the size of the estate as one of the factors in determining how much to pay to any claimant. If an estate is of the value of $300,000.00 or less, then we would not accept instructions in relation to that matter. 


5) Do I have to go to Court?

The Supreme Court requires that both parties attend mediation prior to going to Court, and most matter are settled at mediation. Prior to attending mediation however, the parties are obliged to file complete and detailed affidavits in relation to their personal affairs. 

The affidavits will normally deal with the personal details of the claimant, financial details, health details, dependants, and conduct. These will also apply to the claimant’s spouse. 

Normally all of these matters are supported by way of some sort of documentation.


6) How long will the claim take?

Depending upon the conduct of the other party, a claim could take between six (6) months to eighteen (18) months. 


7) How much is a claimant likely to receive?

It’s difficult to estimate how much a claimant will receive until we have all the information, including the information to be provided by the executor of the estate.


8) What information do I need to provide? 

i. Information about the estate. For example, what real estate does the estate own, what bank accounts, what motor vehicles etc. 

ii. Are you an eligible claimant? For example are you a child or spouse etc. 

iii. When did the deceased pass away.

iv. Personal information for you and your partner including your full name, address, date or birth, occupation, your weekly income, your training and qualifications. 

v. Details of assets and liabilities such as real estate, bank accounts, superannuation, shares, vehicles, mortgages, credit cards, debts and loans.

vi. Details about you and your partners health, such as medical conditions suffered, hospitals and doctors attended, details of surgery. 

vii. Details about any dependants such as elderly parents or minor children.

viii. Details about conduct. This would include both negative and positive conduct. For example, if the deceased had paid to a child $50,000.00 during their lifetime then this should have an impact upon how much they would receive by way of Family Provision Claim. Similarly, if a child was to spend a significant period of time looking after their elderly father then such conduct should entitle them to more in any Family Provision Claim. 

What Do I Do Now?

Catton Roderick can assist you in either making a Family Provision Claim or defending a Family Provision Claim. Please do not hesitate to contact Darren Catton of this office to discuss at your earliest convenience. Contact us by telephone or email.

For more information about our professional legal services or a free quote, call our friendly team today on 07 5499 2746.

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