Contesting a Will in NSW
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. If your enquiry relates to contesting a Will, challenging a Will or defending a Will, our team can assist you.
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.
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 about it, please contact our Contested Wills & Estates Team today.
What sorts of people may be able to make a contested Will 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.
If you are not sure about whether you are able to make a claim, simply contact us and we’ll be able to determine if you are eligible to do so. This call is completely free and there are no obligations.
What are the time limits when contesting a Will?
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.
What 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 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 Contested Wills 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 New South Wales (NSW), 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 (Challenging a Will)
- Defending a Will that has been contested or challenged (Defending a Will)
- Was the Will properly signed and witnessed? (Will Disputes)
- 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? (Rights of a Beneficiary)
- Is the Executor properly distributing the Estate? (Executor Duties)
- Is Probate of the Will required? (Probate)
- Did the deceased die without leaving a Will? (No Will)
- How to obtain a copy of the Will
- Wills and Estates Law
- Enduring Power of Attorney
- Enduring Guardian
- Deceased Estates, Probate and Administration
- Testamentary Trust
- Asset Protection
- Estate Planning
- Elder Law
Contested Wills & Estates Brochures
For more information on contested wills and estates, please download our brochures.
- 08/04/2010 by Warwick GilbertsonChanges to the Law of Intestacy
- 21/11/2013 by Warwick GilbertsonRemember Brett Whiteley? Great artist but a terrible "would-be-lawyer"
- 04/10/2017 by Adrian CorbouldHow can you identify undue influence?
- 17/09/2012 by Adrian CorbouldUnsigned Wills - When Intention is Everything
- 24/11/2017 by Justine AubinCase Summary: Penninger v Penninger