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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44340
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We are in the state of Western Australia. My father's will

Customer Question

We are in the state of Western Australia. My father's will is being contested by his second wife and as such I am listed as a defendant (along with other beneficiaries). It is before the court and the next step is mediation. I have since found out that I would not be able to seek a greater share without lodging a claim myself. I have heard it referred to as a "cross claim" and described as "piggybacking" on the original claim. I am wondering whether sounds right please? Also I do not know exactly how we lodge this type of claim (I have tried asking the Court themselves but they can't advise?)- I don't know what forms or documents I need to file please?. The case is in the Supreme Court. Should I commence this asap and advise the other parties before mediation? Also is it best to claim separately or jointly with his sister who is also seeking more please?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You can contest as well for a greater share.

Because a claim has been lodged you can make a claim as well. It is not a cross claim you are not going to be chasing the current claimant. It is a new claim against the estate and you will be joined and the court will hear the 2 claims together.

You should not lodge it yourself. You need a Solicitor to assist you and you should get detailed advice before you do anything.

Any mistake and your protection against costs is gone and you may be liable to the estate and the second wife.

You should file ASAP. Contact the law society of WA and get a referral to a solicitor that practices in Succession Law.

Here is there website

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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Expert:  Leon replied 1 year ago.
Is there anything else I can help you with?