Yes, it is possible to make a claim on an estate without a lawyer, but it can be complex and challenging to do on your own.
If you believe you have been unfairly left out of a Will or not properly provided for, you may be eligible to make a family provision claim. While you are not legally required to have a lawyer, there are many important factors to consider before applying on your own.
Things you need to do:
- Determine if you are eligible to make a claim (e.g. spouse, child, or dependent).
- Prepare your legal documents including your summons and affidavit (these documents must adhere with the strict guidelines of the Supreme Court).
- File the claim within the limitation period (for New South Wales this is within 12 months from the date of death. Other jurisdictions may have different timeframes).
- Understand the Court rules and procedures including what the next steps look like (case management hearings, mediations, and trials).
Risks of not instructing a lawyer to represent you:
- You may miss important deadlines or fail to disclosure important information.
- Preparing the required paperwork is time-consuming and collating your evidence in accordance with the guidelines can be confusing.
- You may not know how to negotiate effectively or respond to legal arguments raised from the opponent.
- If your claim is unsuccessful, you may be ordered to pay legal costs for initiating the proceedings, which can exceed $50,000.
Why legal advice helps
An experienced family provision lawyer can help assess the strength of your claim, manage the process, and negotiate a fair outcome, more than often without going to court.
Do you need advice? Reach out to our highly experienced and successful family provision lawyers today.
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