Contesting a Will
Do you believe you’ve been left out of a Will? We offer reliable and cost-effective advice and representation for all contested Will matters. Call us for more information!
Can I Contest a Will?
You can contest a Will if you believe that you should have been provided for in the deceased person’s Will but have not been. You can contest a Will if you are an eligible person and if:
» Proper financial provision was not made;
» A promise has been made by the deceased person that you would keep a part of the estate;
» The will-maker did not have capacity to make a Will;
» The will maker made the Will under duress or undue influence.
Strict time limits apply for contesting a Will. Its very important that you act promptly if you wish to contest a Will.
Do I have to go to Court if I am disputing a Will?
Most contested Will disputes will settle outside of Court. Even if the matter is in Court, you will be directed by the Court to attend a Mediation. At the mediation you will get the opportunity to discuss and settle your Will dispute.
If your matter does not settle at the Mediation, the Court will be given you a final hearing date and will determine and finalise the matter at this time.
I’m gay and estranged from my parents. Can I claim against their estate?
In short the answer is yes you can contest the Will of a deceased parent even if you are estranged.
Your relationship with the deceased parent is a factor that will be consider, together with your financial need. If you have a higher need than your siblings, then you may be entitled to claim more of the estate.
General Information – Contesting a Will
Contesting a Will is an emotional and stressful experience for many people. Not only are you dealing with the loss of the deceased person,(usually a family member or partner), you are also having to stand up for your entitlements.
Have you been left out of a Will? Do you believe that you are entitled to make a claim to an estate that belonged to your parent, your partner or ex-spouse? Or are you a grandchild or were you living in a close personal relationship with the deceased person.
You may be eligible to challenge a Will if you can meet the criteria of need and dependency and you have not been adequately provided for.
It is important to remember that if you want to challenge a Will, then you have 12months from the date of the death of the person whose Will is being challenged.
As Sydney’s leading Family Lawyers, we know that Will disputes require a sensitive, pragmatic and commercial approach. Call us for more information!
We offer fixed fee initial consultations – Book an appointment today!
Location Details
Sydney CBD – Suite 604/267 Castlereagh St, Sydney, NSW 2000
Sydney Eastern Suburbs – 353 New South Head Rd, Double Bay, NSW 2028
