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Contested Wills

If you’ve been left out of a Will, or treated unfairly in a Will, you can most certainly do something about it...

The law does require that certain people be fairly and properly provided for in a Will, and we are experts in helping people get what they are fairly entitled to…

Our long experience shows that many Wills are not legally binding. A court can make orders to redistribute the Estate to pay moneys where people have been unreasonably left out, or are named in a Will but not properly provided for in the circumstances…

What sorts of people may be able to claim…

• If you were married to the person who made the Will, or you were their partner
• If you are a child of the person who made the Will (or an adopted child)
• If you are the ex-wife or ex-husband of the person who made the Will
• If you are a grandchild of the person who made the Will and were wholly or partially dependent upon them. For example, you lived with the deceased or the deceased supported you financially
• If you lived with the person who made the Will at some time and you were dependent upon them to some extent (this commonly includes step children or foster children)
• You could be eligible to make a claim even if there is no Will.

Time limits

You only have a limited time from the date of death of the Will-maker to have me put in a claim for you, so don’t delay. It’s always best to act quickly to get my professional guidance on what you’re entitled to, and our Helpline makes it easy for you.

Legal fees

You’ll be delighted to know that often the legal fees of challenging a Will are paid out of the estate of the person who has passed away. There are some simple conditions we’ll explain on the phone when you call us for a chat, and again when we meet.

Is the location of your lawyer important?

It’s much more important in these matters for you to have an expert Disputed Estates lawyer rather than a general lawyer who is located close to you. You’ll be relaxed to know that we’ve successfully assisted people all over Australia, and internationally, to obtain what they should have been given in a Will.

We can help you with other situations including:

• Challenging the validity of a Will
• Was the Will properly signed and witnessed?
• Is the wording of the Will confusing?
• Was the Will-maker of sound mind at the time they made or changed their Will?
• Was there any forgery or fraud involved?
• Are you the Executor (or Beneficiary) of a Will being challenged and need to know your rights and obligations?
• Is the Executor properly distributing the Estate?
• Is Probate of the Will required?
• Did the deceased die without leaving a Will?

So, for your free, initial, confidential chat about your particular situation, and your rights and entitlements, so you can relax knowing where you stand and what you can do, call Warwick Gilbertson, Adrian Corbould now on your Estates Helpline: 

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