It may be an emotionally and legally difficult situation to claim against the estate of a deceased person, and a denial of the claim by the executor or administrator only exacerbates it. In Australia, the laws specify the steps to be followed when a decision is requested to be reviewed and appealed. However, some very strict rules and deadlines must be adhered to.
Knowing the proper procedure is essential in saving your rights and not making costly mistakes. This blog elaborates on the points of how the appeal works and the key steps required in the appeal process.
The process of appealing a rejected claim against a deceased estate has a standard legal course. All the steps of the process are significant, starting with the reasons why the claim was denied to the final decision of the court.
The first stage in the journey of the appeal unfolds with a comprehensive investigation of the decision made by the executor to turn down the claim. The review comprises reading through the will and any codicils, the estate accounts, and the rejection letter.
Some of the main points for consideration are:
It is quite important to know the reasons behind the failed claim before making a decision on whether or not to put in an appeal.
Prior to the initiation of court proceedings, the parties are advised to consider the option of early resolution. In Western Australia, courts are very much in favour of negotiation and mediation for estate issues. The stage enables parties in conflict to reach out to each other in an organised manner and without necessarily having to engage in confrontation.
Early resolution of disputes would help save on the expenditure on lawyers and court proceedings and shorten the dispute resolution process.
When discussions fail to deliver a settlement, the subsequent step is to take a formal appeal under the guidance of property dispute lawyers Perth. This is accomplished by applying to the suitable court, usually, the Supreme Court of Western Australia.
The application ought to clearly explain the lawful bases for the challenge of the refusal, for example, if it involves the misinterpretation of the will or not taking the relevant evidence into account.
Upon the filing of the appeal plea, the court assumes a proactive role in overseeing the progression of the case and thus issues procedural directions to this effect. They are meant to ensure that the matter is dealt with in a timely and methodical manner, and all parties are expected to abide by them strictly.
The court’s instructions may be:
By way of these directions, the court seeks to limit the issues still in dispute and be fully informed prior to the hearing.
After weighing all the evidence and hearing the arguments, the judges reach their decision. They might support the decision to reject the claim, change it, or instruct that the claim be accepted either fully or partially.
The court, in certain instances, could also issue directions with respect to costs contingent on the behaviour of the parties and the weight of the arguments put forward. The estate will then be able to move on with the final administration in line with the court’s decision.
Time limits in estate matters are of utmost importance. Most of the appeals concerning deceased estates have to be initiated within tight statutory times that differ depending on the nature of the claim and the court having jurisdiction.
This is the reason why the first decision of seeking assistance from deceased estates lawyers Perth is very often a turning point. Early legal support is a way to guarantee compliance with the deadline.
Appeals against estates are usually about properties or other highly valuable assets, making the distribution more complicated. Under such circumstances, help from the best property settlement lawyers Perth can make it easier for you to understand the different interests.
They find out who is entitled to what and ensure that the assets are adequately handled, thus lowering the chances of further disagreements or postponements in closing the estate.
An appeal against a rejected claim of estate needs a thorough plan, solid proofs, and strict observance of the legal procedures of Australia. Although the process may seem daunting, knowing your rights and obligations goes a long way in making your success more likely.
In case you are confronted with an appeal-rejected claim deceased estate, following the proper steps and getting advice early can be the factor that weighs the scales in your favour.