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TAREE LAWYERS – 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 will dispute experts at Stacks Law Firm, Taree for experienced, tailored advice on how to make a claim before it is too late.
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MEET YOUR TAREE DISPUTED ESTATE LAW EXPERTS

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Justin Stack

Managing Director

Taree

“As active members of the Taree community, we want to help our neighbours and friends cope with losing a loved one and avoid the financial headaches of being left out of a will, or perhaps the impact of there not being a will at all. The death of a loved one is traumatic enough without being left out in the cold financially. The decades of experience of the disputed estate law experts at Stacks Law Firm, Taree enable us to offer compassionate guidance and timely advice, backed by local knowledge.”

Most people who own assets at the time of their death have executed a testamentary document (a will) setting out their wishes for how those 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 estate of the deceased person under the NSW Family Provision Act or the relevant legislation of another state. 

It is important to know your rights and 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 a person 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 on your loved one’s estate under the NSW Succession Act. This act exists to protect the rights of relatives and dependants of a deceased person and to ensure that they are adequately provided for.

    At Stacks Law Firm, Taree, we are the Taree solicitors 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 if your case progresses 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 Law Firm, Taree have decades of experience in supporting Taree and Mid North Coast 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 Taree solicitors 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 of Letters of Administration within the required six-month time limit
    • Conducting the 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 of 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 a person who has named you as a beneficiary dies, you will normally be contacted and notified that you have been named as a beneficiary. You may already know that you were listed as a beneficiary, or you may not.

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

    • Your rights 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 insufficiently provided for to support themselves financially.

    Having navigated will disputes and estate planning for Taree and Manning Valley families for many decades, the wills and estates solicitors at Stacks Law Firm, Taree have the experience and compassion to help you resolve matters quickly and fairly.

    Reviews from our clients

    Narelle Doherty
    3 weeks ago
    Madaline at Stacks Law firm was a pleasure to work with when we recently sold our home, and the bought our new home. Very efficient and knowledgeable. Communication was excellent. I recommend Madaline for all your conveyancing.
    Matt Ivey
    4 weeks ago
    I have found the whole team to be very helpful, knowledgeable and professional throughout the entire process. Thank you so much!
    Heather Molony
    1 month ago
    We have been using Tim Stack's legal services since 2007,dealing with multiple property sales and estate matters. We have found him to be always available when needed, giving us prompt efficient legal help. We have found Tim to be very approachable and personable. We moved from Mid North Coast to Central Coast quite some time ago and still currently using his services as we would not even consider using another law firm, because of the good experience and expertise over many years. We would thoroughly recommend Tim Stack to anyone needing good legal services.
    PhysXrehab PhysXrehab
    1 month ago
    Lesley was fantastic in helping us with our lease. She went above & beyond through a difficult period for us and this was very much appreciated.
    Frances Mudford
    1 month ago
    My husband & I found Madaline Shepherd of Stacklaw so very competent and easy to deal with. Our conveyancing transaction went through without any issues and we will definitely engage Stacklaw as our conveyancer of choice in the future.
    Peter Bermingham
    1 month ago
    We recently engaged Stacks law firm to assist with drafting our wills and some estate planning, the experience was excellent from start to finish. Josh Growther and staff were very friendly, professional and knowledgeable, Josh took the time to clearly explain the legal concepts in a way that was easy to grasp. What stood out most was his attention to detail and genuine care for the situation. We never felt rushed, and Josh answered all our questions with patience and clarity. Josh was thorough in ensuring all my wishes were accurately documented and offered thoughtful advice on matters I hadn’t even considered, such as tax implications and future contingencies. Communication was prompt and transparent throughout the entire process. I would highly recommend Stacks to anyone looking for reliable and trustworthy assistance with wills and estate planning.
    Cheryl Bennett
    3 months ago
    I am so happy with Stacks Justin was patient and helpful and explained everything as needed. Would highly recommend them.
    Marlene Robson
    3 months ago
    Happy with meeting with solicitor,great customer service. Didn't have to wait. The only difficulty was no disabled parking. My friend is 95 with mobility issues. I was told by staff where I can do a drop off on my next visit for my elderly friend, without her having g to walk too far.
    Isabella Bradshaw-West
    4 months ago
    The team at Stacks Taree are incredibly welcoming and always willing to help. Their solicitors truly go the extra mile for their clients. I highly recommend Stacks for all legal needs!
    Matthew Rogers
    5 months ago
    I had a great experience with Stacks Law Firm in Taree. Madaline and the entire team were extremely helpful, friendly, and very responsive throughout the process. Everything was handled professionally and efficiently, which made the experience stress-free. I’ll definitely be using them again for all of my property and legal needs. Highly recommend. Matt

    FREQUENTLY ASKED QUESTIONS

    To contest a will and make a claim against an estate, you must be able to satisfy the court on several points.

    • 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:

    • Spouse – the wife or husband of the person at the time of their death
    • De facto partner – 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 dependants – 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 a close personal relationship who lived with the 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 or the distribution of their assets to their beneficiaries.

    A grant 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 has 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

    Grant Avery

    Grant Avery

    Director
    Taree
    Phone Grant Tel(02) 6592 6566
    Joshua Crowther

    Joshua Crowther

    Director
    Taree
    Phone Joshua Tel(02) 6592 6540
    Justin Stack

    Justin Stack

    Managing Director
    TareeTamworthTweed Heads
    Phone Justin Tel(02) 6592 6518
    Lesley Dingley

    Lesley Dingley

    Special Counsel
    Taree
    Phone Lesley Tel(02) 6592 6592
    Tim Stack

    Tim Stack
    OAM

    Chairman
    Taree
    Phone Tim Tel(02) 6592 6522
    Di Branch

    Di Branch

    Lawyer
    Taree
    Phone Di Tel(02) 6592 6566
    Taylor Kennedy

    Taylor Kennedy

    Solicitor
    Taree
    Phone Taylor Tel6592 6592
    Sandra Jeremy

    Sandra Jeremy

    Lawyer
    Taree
    Phone Sandra Tel(02) 6592 6592
    Madaline Shepherd

    Madaline Shepherd

    Licensed Conveyancer
    Taree
    Phone Madaline Tel(02) 6592 6592
    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.

    Get in Touch


    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) 6592 6592Call us now

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