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LEADING HORNSBY LAWYERS IN WILL DISPUTES

If you feel you have been wrongly left out of a will or treated unfairly, don’t wait to act. Engage one of your local Hornsby lawyers at Stacks Collins Thompson for expert advice on making a claim before it is too late.
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MEET YOUR HORNSBY DISPUTED ESTATE LAW EXPERTS

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Mark Shumsky

Lawyer

Hornsby

“The death of a loved one is traumatic enough, without being left out in the cold financially. With decades of experience in supporting locals through will disputes and estate planning, the lawyers at Stacks Collins Thompson provide compassionate guidance and timely advice that Hornsby and North Shore residents can trust.”

Most people who own assets at the time of their death have executed a testamentary document (a will) setting out their wishes for how their assets are to be distributed. 

Sometimes, people are left out of a will for one reason or another, or feel they should have received a bigger share. 

In other situations, someone (tragically, often a younger person) passes away without having a valid will.

In these instances, you may be entitled to bring a claim against the deceased’s estate under the NSW Family Provision Act or the relevant legislation of another state. 

It is important to know your rights and to act quickly, as claims should be made before the executor of a will begins dispersing assets.

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    Family provision claims

    As a family member or someone in a close personal relationship with someone who has died, you may be legally entitled to benefit from their estate.

    If you have been left out of a will or believe you have been insufficiently provided for, you may be entitled to make a claim from your loved one’s estate under the NSW Succession Act. This act exists to protect the rights of relations and dependants of a deceased person and to ensure that they are adequately provided for.

    Stacks Collins Thompson are Hornsby lawyers with an extremely high success rate in making family provision claims for local families. We can support you with:

    • Understanding your rights
    • Putting together a strong claim
    • Navigating the compulsory mediation process
    • Representing you should your case progress to court

    Letters of Administration

    If your loved one has passed away without a valid will or a named executor, your grief can be compounded by additional financial and legal burdens.

    Stacks Collins Thompson have decades of experience in supporting Hornsby and North Shore residents navigate this process. Let us help you with the legal side of things, so you can focus on healing and supporting your family through this difficult time.

    Our expert Hornsby lawyers can assist with securing a grant of Letters of Administration from the court, to minimise delays and complications with the dispersal of assets from the estate. This includes:

    • Lodging an application for a grant for Letters of Administration within the required six-month time limit
    • Conducting necessary searches to prove that a will did not exist
    • Obtaining a death certificate
    • Completing the required paperwork and processes
    • Supporting you through the next steps once the grant for Letters of Administration has been issued by the court

    Rights of beneficiaries

    The beneficiary of a will is any person who is listed on the will as being entitled to receive a defined portion of the deceased person’s assets or income.

    If the person who has named you as a beneficiary dies, you will normally be contacted and made aware that you have been named as such. You may already know that you were listed as a beneficiary, or you may not.

    Our estate planning Hornsby lawyers can help you to understand the full implications of receiving an inheritance, including:

    • Your tights as a beneficiary of a will
    • Tax implications, depending on the type of assets you inherit
    • Your rights in disputing the will

    Will disputes

    Will disputes can be emotionally challenging when you are already grieving the loss of a loved one. They can also create financial strain by delaying the distribution of funds to the deceased person’s dependants.

    Will disputes typically arise when someone has been left out of a will for one reason or another, or where a beneficiary feels they have been treated unfairly, or not been sufficiently provided for to support themselves financially.

    Having navigated will disputes and estate planning for Hornsby and North Shore families since 1979, the wills and estates lawyers at Stacks Collins Thompson have the experience and compassion to help you resolve matters quickly and fairly.

    Reviews from our clients

    Michelle Goddard
    I have been using Stacks Law Hornsby for a number of years and the whole team from David, Kay & Tracey have been nothing but amazing. Nothing is ever a hassle, all legal questions are answered promptly and with all required information. They are upfront and honest, they are always available and do not delay responses. To have support of a great legal team when you are going through life’s big challenges makes it all so much easier. Thank you to David, Kay & Tracey for being a wonderful team to work with.
    Perhaps Me
    The firm and staff have been first rate professionals.
    John Orr
    Tracey and Kay and team do a great job supporting and executing the stressful job of buying and selling property. They first helped our son buy his first apartment, then us in our downsizing. We had good advice and guidance along the way, always available for questions, and pro-active in anticipating potential problems. We're very happy with the outcome, would use them again (except we're not going to move from our new home any time soon!). Would recommend them to anyone wanting a responsible and supportive conveyancer.
    Peter Disney
    Have been dealings with this company for many years, many different staff, on many topics from conveyancing to wills and guardianships. I have been nothing but impressed by their level of service and professionalism and advice, exceeding my expectations where other parties have not. I highly recommend them.
    Scott Wilson
    We recently used Stacks Collin’s Thompson for a settlement.
    The service provided by Tracey Hussey was first rate, everything when without hitch.
    I would highly recommend.
    Jennifer Prowse
    A huge thank you to Tracey for her kindness, speed and efficiency with our conveyancing. Tracey is very professional, knowledgeable and we would recommend her to everyone.
    Kathryn
    I would like to thank Tracey, Kay and the team for working with me in the purchase and sale of my properties. I felt supported throughout the entire process and appreciated their prompt and thorough responses. Thanks again.
    Neil P
    The staff at Stacks Collins Thompson were very helpful and professional in their dealings with me in the sale of my property at Eastwood. Everything was done very efficiently, without any problems.
    Jeremy Claire Gluyas
    Mr John Gooley was an agent of our first solicitor, in the end we gave him the brief as his clear and concise advice, was what I needed to hear( if not what i initially wanted). I was shown why my second choice was a better option. I feel I received proper legal advice, as opposed to what the representative thought I wanted to hear. A good outcome in an otherwise terrible situation. Thanks John and David.
    Caz Holden
    I am writing this letter to express my most sincere thanks for the most professional representation from Trina for my case and helping me in my time of need and being compassionate. I admire your composure, work ethic and your excellent representation for your company. I will not hesitate to use Stacks, Collins and Thompson in Hornsby for any future work needing to be addressed.

    Kind Regards
    Carol

    FREQUENTLY ASKED QUESTIONS

    To contest a will and make a claim against an estate, you must be able to satisfy the court that:

    • You are an “eligible” person
    • There is a legitimate reason or sufficient need to persuade the court that the deceased’s will should be altered to provide you with a greater financial benefit
    • The deceased had some moral obligation to provide for you

    Contested will applications are complex and often enormously stressful for the parties involved. It is worth getting expert legal advice to ensure that any claim you want to make or defend is dealt with in a professional and cost-effective manner.

    Time limits apply for contesting a will and it is important that you seek advice as soon as possible to ensure that assets are not distributed before the executor has been notified of your claim.

    The following individuals are entitled to make a family provision claim under the NSW Succession Act:

    • Spouses – the wife or husband of the person at the time of their death
    • De facto partners – the de facto partner (including same-sex partner) of the person who was living with them at the time of their death
    • Children – any child of the deceased, including adult children and adopted children
    • Former spouses
    • Grandchildren, if they can prove they were wholly or partly dependent upon the deceased person at any particular time
    • Other dependents – this includes any person (including, for example, a stepchild) who was a member of the deceased’s household at any particular time and was wholly or partly dependent on the deceased
    • People in close personal relationships who lived with deceased – a “close personal relationship” exists between two adults who live together, but are not married or in a de facto relationship, and one or each of them provides the other with domestic support and personal care. 
    • Those in a close personal relationship may or may not be related by family. (This does not include the situation where one adult provides the other with care on behalf of someone else or is being paid or rewarded to provide care.) The person making a claim on these grounds will need to prove the existence of the close personal relationship.

    A grant of Letters of Administration is a legal document which is issued by the court in cases where a person who died has not left a will and has not named an executor to handle the management of their estate and the distribution of their assets to their beneficiaries.

    Grants of Letters of Administration may also occur where the person has left a will but did not name an executor, or the named executor is unwilling or unable to take on the responsibility of managing the estate.

    You can apply for Letters of Administration if you are:

    • The spouse and/or next of kin of the deceased
    • A person who is fit to be trusted to comply with the direction of the court
    • A person who the court thinks is fit to act as an administrator of the estate

    In certain cases, there may be multiple people or parties who wish to apply for Letters of Administration. 

    In these cases, they should either make joint applications, or apply with the permission of the other parties. 

    The time limit for making a claim in NSW is 12 months from the date of the person’s death.

    The court will take into consideration various factors when assessing a claim, including:

    • The nature of the relationship between the applicant and the deceased
    • The applicant’s financial position and capacity to earn an income, as well as the financial position of each beneficiary of the will
    • How significant the provision is that the applicant already received from the deceased’s estate (if any) and whether this is enough to ensure their future financial security
    • The contribution the applicant has made (financial or non-financial) towards the deceased while they were alive, or after their death
    • The extent to which the deceased was maintaining the applicant prior to their death
    • Any evidence of the deceased’s testamentary intentions, such as statements they made
    • Whether any other person is liable to support the applicant
    • The character and conduct of the applicant before and after the deceased’s death

     

    Our experts

    David Thompson

    David Thompson

    Solicitor Director
    Hornsby
    Phone David Tel(02) 9476 2788
    John Gooley

    John Gooley

    Solicitor
    Hornsby
    Phone John Tel(02) 9476 2788
    Sayesha Bali

    Sayesha Bali

    Lawyer
    Hornsby
    Phone Sayesha Tel(02) 9476 2788
    Justine Cavanagh

    Justine Cavanagh

    Solicitor
    Hornsby
    Phone Justine Tel02 9476 2788
    Kimberley-Ann Ashbee

    Kimberley-Ann Ashbee

    Lawyer
    Hornsby
    Phone Kimberley-Ann Tel9476 2788
    Reza Sedaghat

    Reza Sedaghat

    Lawyer
    Hornsby
    Phone Reza Tel(02) 9476 2788
    Mark Shumsky

    Mark Shumsky

    Lawyer
    Hornsby
    Phone Mark Tel(02) 9476 2788
    Christopher Morris

    Christopher Morris

    Lawyer
    Hornsby
    Phone Christopher Tel(02) 9476 2788
    Tracey Hussey

    Tracey Hussey

    Licensed conveyancer
    Hornsby
    Phone Tracey Tel(02) 9476 2788
    Kay Laird

    Kay Laird

    Practice manager
    Hornsby
    Phone Kay Tel(02) 9476 2788
    Ethan Brightmore

    Ethan Brightmore

    Paralegal
    Hornsby
    Phone Ethan Tel(02) 9476 2788
    Find more experts

    Why choose Stacks

    What makes Stacks different and why you should choose us.

    Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

    With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

    Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

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    No hidden fees
    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    Deep expertise
    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    Practical advice not legalese
    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    Network of local offices
    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    Real client care
    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    Progressive practise
    We make the process easy for you with the latest tech to keep services cost effective—and you in control.



    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    We make the process easy for you with the latest tech to keep services cost effective—and you in control.

    We're here to help

    Complete the form to contact us today

    We’re here to listen to your story anytime. We can help you understand how things work, give you confidence and guide you through your options. We’ll be honest and upfront, agreeing on what you need and how much it will cost. Your enquiry is completely confidential.
    Call us now(02) 9476 2788Call us now

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