Is the location of your lawyer important?
It’s much more important in these matters for you to have an expert contested wills lawyer rather than a general lawyer who is located close to you. We’ve successfully assisted...
Read MoreWho pays the legal fees of contesting a will in NSW?
If your claim is successful, the court may order the estate to cover the costs, which would amount to about 70% of your solicitor costs. You will need to pay...
Read MoreWhat are the legal fees involved when contesting a will?
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...
Read MoreWhat is notional estate in will dispute proceedings?
Notional estate is a complex legal concept that applies only in NSW. In NSW, assets not held in the deceased’s name at the time of death, such as superannuation (which...
Read MoreWhich assets are included as part of an estate in will dispute proceedings?
Only the assets owned solely by the deceased at the time of death are typically included in the estate. For example, superannuation funds and jointly owned property are not considered...
Read MoreCan I contest a will after the estate has been distributed?
Yes and no. If you file your claim within the required time frame and inform the executor or administrator of your intention to contest the will, you can request the...
Read MoreCan I challenge a will after probate has been granted?
Yes, you can challenge a will after probate has been granted. In New South Wales, probate must be obtained before the court can issue a Family Provision Order, whether by...
Read MoreWhat are the time limits when contesting a will?
You only have a limited time from the date of death of the will-maker to put in a claim to contest a will, being 12 months (unless an exception applies), so...
Read MoreHow long does it take to contest a will?
The time it takes to contest a will varies depending on whether the case goes to court. An experienced solicitor may be able to negotiate a settlement with the executor,...
Read MoreDo I have to go to court to contest a will?
Whether or not you need to go to court to contest a will depends on the willingness of the involved parties to settle the matter in private. Whenever possible, will...
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