Disputes over Wills can be complex; legally and emotionally. Jeremy can help you navigate this area of the law to reach a swift and fair resolution.
You can challenge the Will of a deceased person if you haven’t received what you were promised by the person who has passed away. For example, if the person promised to reward you from their estate for a service you did for them while they were alive. A good example is where you have been a full time carer over some years. If your case is successful, the court can order the estate to pay you.
Under this Act, people are responsible for the proper maintenance of certain family members in their Will. If proper provision is not made, then the Will can be challenged by bringing a claim under the Family Protection Act. If you’re successful, the court can order the estate to provide for you.
It is possible to challenge a Will if there is evidence that the person making the Will did not have the mental capacity to do so. You could also challenge the Will if you believe that the person making it was under undue influence at the time.
You can make a claim to the Court for resolution. Cases frequently are filed in court but settle by private mediation. This is generally quicker, more cost-effective and less stressful than making or defending a claim in Court.
Jeremy has experience assisting clients to make and defend claims relating to Wills and estates.
When a person dies, disputes can arise as to the division of their property and the contents of their Will. Sometimes how property is dispersed under the Will does not reflect what a deceased may have promised during their lifetime and in some circumstances, this can give rise to a valid testamentary promises claim.
The short answer to that question is yes. As Fogarty J says in Martin v Finlayson – “no Court has ever said that an unequal distribution of assets among siblings needs to be morally justified. That is not the law. The law does not contain any moral obligation in that regard at all”.
My husband and I recently used Jeremy to help with a custody issue from a previous relationship. Jeremy was great to work with, highly skilled and professional, and achieved our desired outcome. Communication was great, especially as we live overseas and had a difficult time difference to work around. Jeremy and his team were fantastic and we highly recommend.
Having a complicated relationship come to an end, I had initially used another law company to undertake my settlement. Unfortunately, this company let me down on many aspects. After spending a considerable amount of money and almost 12 months of back and forth litigation, I had gotten nowhere close to a resolution. I found Jeremy Sutton online and did my due diligence. After engaging with him, I felt much more confident that a solution could be met promptly. Communication was great, and I knew where we were at every stage of the matter. Unlike the first company I used, Jeremy was easily reachable and gave me the clear options I had available. His focus was more on a settlement than litigation, which is what I wanted.
A settlement was reached and I was able to move on with life. Overall a great experience on something that is far from a pleasant situation. I highly recommend using Jeremy Sutton.
Jeremy is an experienced ‘down to earth’ lawyer. He has empathy to your situation and understands your wants and needs. He gives good solid advice with no BS. He drills right down to the issues that mater most. He is easily contactable and always has the end result in sight, even in some cases it can take months to achieve.
Jeremy Sutton is both bright and sympathetic – in other words he gets what is needed and is mindful of the clients needs and considerations. He is a pleasure to work with – his approach is refreshingly quick, positive, and the advice clear and helpful – if only all professionals were like that !
I had the pleasure of interviewing him on the radio and he was impressively open, fast with his ideas and incredibly helpful – any using his professional skills will be blessed with the association – he brings confidence to an otherwise “difficult time!”
Jeremy and his team have been wonderful, professional and always available to answer any queries. Jeremy is trustworthy, caring and very knowledgeable; no doubt the best in his field! His approach is always honest, clear and in your best interest. Highly recommend Jeremy and his lovely team.
I am going through the legalities of separation now. Some of the process has been tricky and has been made longer by the actions of the other party. I feel totally supported working with Jeremy. Jeremy assesses people and situations skillfully, providing expert knowledge and advice in a straightforward way.
I found Jeremy Sutton excellent to work with to support and conclude a complicated separation process I had been working through. Jeremy provided pragmatic and informed advice, was very proactive and always available. Jeremy explained options very carefully and for me a lot of the stress associated with the wider separation was removed knowing I had such good support. Jeremy was respectful of the wider context throughout. I would have no hesitation in recommending Jeremy’s services.
A partner of 17yrs decided to end our relationship wanting 50% of assets accumulated by my late wife and I over a period of 30 years married, mainly our family free hold home.
Jeremy and his team were able to get a more realistic settlement with in the terms of the law, saving the family home and other valuable assets.
The relationship law can be extremely unfair and is in need of urgent review.
I am a professional colleague of Jeremy and have talked to him on a number of occasions about family law issues. I have found him knowledgeable and helpful in sharing his experience. From reading his publications I would have no hesitation about recommending him for family law advice
Jeremy Sutton is wonderful to work with, he is not only an incredibly competent, sharp and helpful individual but he has the ability to really see the person before him. I have had only positive experiences with him.
As a lawyer, I’ve worked with Jeremy on relationship property matters and have always appreciated his pragmatic and honest approach to advising clients, based on his considerable experience. And even when we don’t have matters together, being able to pick up the phone and sound out a problem with Jeremy has been invaluable.