Services > Dispute resolution

Inheritance disputes

We offer clear advice and sound strategies and effective court representation in disputes involving deceased estates.

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.

How we can help

See us for a consultation to find out where you stand.

Initial consultation

Initial consultation $385

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

Our fee includes:

  • A meeting up to 60 minutes at our office during which we will provide you with initial advice; and
  • an estimate of costs for future representation.

What to bring to the consultation:

  • your photo identification;
  • copy of the will being challenged (if available);
  • any relevant correspondence or other documents.

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Jeremy Birman
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(08) 9220 4480
jb@birmanride.com.au

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Nigel Siegwart
Senior associate

(08) 9220 4402
ns@birmanride.com.au

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Angus Edwards
Legal executive

(08) 9220 4417
ae@birmanride.com.au

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