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! 

Call Us On 02 8999 1800

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!