Contesting/Challenging A Will
Reasons To Challenge A Will
- Multiple Wills: Discrepancies between two or more Wills made close in time.
- Execution Issues: Doubts about whether the Will was properly signed and witnessed.
- Capacity Concerns: Questions about the testator’s mental capacity when the Will was made.
Who Can Contest A Will?
Eligible individuals who can apply for a family provision order include:
- The spouse or de facto partner of the deceased.
- Children of the deceased.
- Former spouses.
- Dependents or grandchildren of the deceased.
- Close personal relationships with the deceased.
How to Challenge A Will
- Consult a specialised wills & estates lawyer: Seek legal advice promptly, as there are time limits for making a claim.
- Provide Information: Share details about your relationship with the deceased, the Will’s circumstances, and why you believe it is unfair.
- Submit Documentation: Your solicitor will review relevant documents to assess the merits of your claim.
Time Limits For Contesting A Will
You must act quickly, as claims must be filed within a limited period from the date of death. Early consultation with a lawyer ensures timely action and proper guidance.
Choosing the Right Lawyer: It’s crucial to work with a specialized contested wills lawyer rather than a general practitioner. Our experienced team has successfully assisted clients across New South Wales and internationally.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
Beneficiaries with Special Needs
Ensuring beneficiaries with special needs are adequately protected can be challenging.
Talk To Us Today
Our team is prepared to assist you today.
Call on 1300 344 960 for a complimentary 30-minute consultation for new clients.
We Can Help With
- Validity disputes and challenging a Will.
- Issues with Will execution, signing, and mental capacity.
- Fraud or forgery concerns.
- Executor duties and probate issues.
- Claims when no Will is present.
Talk To Us Today
Contact us today for expert advice and assistance with your contested Will issues.
Overview
Wills & Estates is an area of law that affects everyone at some stage during their lifetime. Unfortunately, we just don’t know when.
Wills & Estates is an area of law that affects everyone at some stage during their lifetime. Unfortunately, we just don’t know when. Our highly skilled wills and estates lawyers are prepared to represent you in any inheritance matter. We specialize in dispute resolution, mediations, family provision claims, and the defense of estates against unwarranted claims, as well as handling all other estate dispute issues. Our focus is on delivering fast, positive outcomes for all parties involved.