Under the Succession Act in New South Wales there is a class of people who are able to apply under the above Act for a share of an Estate on the basis that they have been inadequately provided for from the assets of the Testator.
During the last few years we have acted on behalf of the Executor defending such applications and we have acted on behalf of individuals wanting to challenge a Will for a share of the Estate. Even though an Executor may consider that there is no basis for a claim on anyone in the class that is entitled to apply matters need to be considered in view of substantial legal costs involved and the high possibility that any Judge would order costs to be paid from the assets of the Estate. Accordingly, defending a claim may well end up being substantially worse off than providing a share of the Estate to a claimant without going through the Court process.
© 2014 Grogan & Webb