The process typically begins with obtaining expert legal advice from contested will lawyers, which helps clarify your rights as an eligible person. Your solicitor will review the deceased person’s estate, including all assets and estate liabilities, to understand the full scope of what is available.

Next, your lawyer will assess your financial need and the nature of your relationship with the deceased, both of which are important considerations in determining the strength of a claim. The executor of the estate will then be formally notified of your intention to make a claim.

Where possible, disputes are resolved through negotiation or mediation to reach a fair outcome without going to court. If an agreement cannot be reached, the matter may proceed to the Supreme Court of NSW, where formal proceedings are initiated and the court evaluates all evidence to determine an appropriate resolution.

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