Contesting a Will | Wills and Estates

If you’ve been left out of a Will or believe you have been unfairly treated under a Will, you may be able to make a claim against the estate.

Who Can Dispute a Will?

This varies from State to State. In NSW, people who may be entitled to make a claim include:

wife or husband of the deceased;
defacto or same sex partner;
former spouse or defacto partner;
child or grandchild of the deceased;
someone who was financially dependent on the deceased;
carer of the deceased.

This is a general guide only, so please contact us to discuss your particular circumstances.

Is There a Time Limit?

Yes, there is. You have only 12 months from the date of death to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit, so please contact us to discuss your situation.

What if I Don’t Believe the Will is Valid?

You can challenge a Will if you believe it is a forgery or if the deceased person had lacked the mental capacity to make the Will (e.g. due to dementia). You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.

How Do I Make a Claim?

First, we will assess your claim and discuss with you the particular circumstances of your claim. If it’s worth continuing, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.

If the matter isn’t resolved then we can lodge documents with the Court to initiate legal proceedings. This does not prevent negotiations with the other party. The Court will also require the parties to attend a mediation to try to resolve the claim before it will list the matter for a court hearing.

Failing all else, we will proceed to a court hearing during which the evidence will be presented and the judge will make a decision.

We Can Help

At every stage of contesting or challenging a Will, it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to going to Court we also have the skills to fight on your behalf.