Claiming on an Estate

Are you considering submitting a claim on an estate?

Secure Your Rightful Share

At Barwick Boitano Lawyers, we understand the complexities involved in making a claim against a deceased person’s estate. Whether you believe you have been inadequately provided for in a will, are a creditor seeking payment, or have a valid claim based on a promise or representation made by the deceased, our experienced team is here to guide you through the legal process and protect your rights.

Our skilled lawyers are well-versed in NSW succession law and can assist you in making a claim against an estate in various circumstances, including:

Family Provision Claims: If you are an eligible person, such as a spouse, child, or dependent, and believe you have not been adequately provided for in the deceased’s will.
Creditor’s Claims: If the deceased owed you money or had outstanding debts, we can help you make a claim against the estate for payment.
Equitable Estoppel Claims: If the deceased made a promise or representation that led you to reasonably rely on it to your detriment, you may have a claim against the estate.
Undue Influence Claims: If the deceased’s will was made under coercion, pressure, or influence from another person, and does not reflect their true intentions, we can assist you in challenging the will and making a claim against the estate.
Intestacy Claims: If the deceased died without a valid will, we can help eligible family members make a claim on the estate according to the laws of intestacy.

We understand the sensitive nature of these matters and will handle your case with the utmost professionalism and compassion. Our team will work tirelessly to gather evidence, build a strong legal strategy, and represent your interests in court, if necessary.

Don’t let your rightful share of an estate slip away. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards securing what is rightfully yours.

Claiming on an Estate in New South Wales (NSW)

In NSW, there are several circumstances in which an individual may have a valid claim against a deceased person’s estate, including:

Family Provision Claim: An eligible person, such as a spouse, child, or dependent, can make a claim for a greater share of the estate if they believe they have not been adequately provided for in the deceased’s will.
Creditor’s Claim: If the deceased owed money or had outstanding debts, creditors can make a claim against the estate for payment.
Equitable Estoppel Claim: If the deceased made a promise or representation that led the claimant to reasonably rely on it to their detriment, the claimant may have a claim against the estate.
Undue Influence Claim: If the deceased’s will was made under coercion, pressure, or influence from another person, and does not reflect their true intentions, the will may be challenged, and a claim made against the estate.
Intestacy Claim: If the deceased died without a valid will, their assets will be distributed according to the laws of intestacy, and eligible family members can make a claim on the estate.

To make a claim against an estate in NSW, strict time limits apply, and the claimant must follow specific legal procedures. The claim may need to be filed in the Supreme Court of NSW, and the court will consider the evidence and determine the validity of the claim and any appropriate orders or distributions.