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:
We will give you initial advice about whether the will is open to challenge and next steps.
If you have been appointed as executor of a Will, you are bound to carry out the wishes of the deceased in accordance with the terms of their Will and according to law. Some of the terms of the Will may be impossible to complete, for example if a beneficiary has died or cannot be found, or […]
It’s not always easy to tell if the lawyer you’ve hired is right for you. If you’re wondering if you’ve chosen wisely our (slightly) tongue in cheek Guide may help you to decide if you’ve ended up with the kind of lawyer you hope the other guy has. “A lawyer’s advice is his stock and […]
Court cases are mostly decided on the facts in dispute – not esoteric points of law or by the brilliance of barristers’ arguments. And it’s surprising how often litigants leave sorting out the facts to the last minute. Sometimes what seemed to be a rock-solid action can collapse overnight because a factual point was overlooked. […]
Thank you for the assistance and help over the last couple of years. Looking forward to when we can lodge the moral claim!
Also wish to give you and everybody a new year’s wish to all the people who helped with this mess. Many thanks.
Nigel and Angus were both very professional and helpful. It felt very reassuring having them help us lodge our objection to AustraliaSuper and we appreciate all their efforts and assistance.
Extremely happy with their services – very professional, kept us up to date every step of the way, and itemized every payment we made and what it was for. Would recommend them to anyone, money well spent.
Dear Nigel – Thank you for all your professional advice, updates, and hard work in this matter. It is very much appreciated.
Dear Nigel, I want to personally tell you how much I appreciate the work you did to get everything [lodged] today. It was a massive effort and once again we recognise your focus and attention to detail.
Thanks to all for sorting things out and looking after mine and my family’s best interests. It took a while but we got there in the end. All the B&R staff were always helpful, keeping us informed at all times as my case progressed. Thanks again.
Service is excellent. Always looking after the interests of the client. Client always kept up to date. Just wish the other party would get act together so we could all move on! B&R has done their best for this to happen, and I appreciate what Nigel and the team have done for me and my family.
Thanks so much Nigel, you have been really efficient and prompt in dealing with my case and it’s appreciated.
This is exactly the result I was hoping for and due to your assistance was achieved. Thank you again.
I am dealing with a very delicate family issue and am pleased with the professionalism and thoroughness shown by the team at Birman & Ride. Special thanks to Nigel who has helped me along the way. Being kept up to date with the progress of my case via email is excellent and I am therefore not constantly worrying about where we are at.