Sibling Estate Dispute

The client is involved in an estate dispute with their sibling in NSW, Australia, where the sibling demands a significant portion of the parents' estate despite minimal involvement in their care. The client claims to have been the primary caregiver for their parents, providing substantial evidence of the sibling’s negative behavior towards the family. These actions allegedly resulted in significant financial hardship prior to the parents' passing. The client is currently facing considerable financial burden due to legal expenses while awaiting the case's resolution. The sibling's claim adds additional pressure, especially considering their history of absence during critical family events.

Questions about this case

These answers have been verified by a lawyer in the LEAP network

Why can my sibling claim such a large portion of the estate despite their past behavior?

In NSW, your sibling may claim a significant portion of the estate under the Succession Act 2006, which allows eligible persons to make a family provision claim. They are considered an 'eligible person' as a child of the deceased, and the court weighs factors like financial needs and the relationship with the deceased when determining claims.

What evidence is crucial to strengthen my case in contesting the estate distribution?

To contest the estate distribution effectively, compile thorough evidence that highlights your sibling's lack of involvement and any negative behavior towards your parents. This may include financial records, witness testimonies, reports from relevant authorities, and any written communications indicating your parents' intentions regarding their estate.

How does 'moral obligation' affect my sibling's claim to the estate?

'Moral obligation' can impact claims under the Succession Act 2006, as courts consider the deceased's responsibility to provide for their children. Factors such as the nature of the relationship and your contributions to the parents' care can influence the court's assessment.

Are there any legal avenues to recover costs incurred while waiting for the case to be heard?

You may request an interim distribution from the estate if sufficient assets are available, which could relieve some financial pressure. In certain situations, if the opposing claim is found to be unjustified, you may be able to apply for a costs order.

What are the typical timelines for estate dispute resolution in NSW?

Resolution can vary from several months to years, depending on case complexity. Consider alternative dispute resolution methods like mediation for a quicker outcome, and ensure all documents are organized to help streamline processes.

Is there a maximum that can be taken in fees from such a small estate?

In NSW, legal fees for estate matters are usually regulated, ensuring they are proportionate to the estate. Solicitors may charge according to an agreement that you can request to review if you deem the fees excessive.

Need help with an issue?

Ask LawConnect your legal question for quick, free answers!

Start now