What is the success rate of contesting a Will?

What is the success rate of contesting a Will in Australia?

A report conducted in 2015 by The University of Queensland found that 74% of cases challenged in court, and 87% of those that went before a mediator, resulted in the Will being changed.

The success rate of contesting a Will depends on many factors and if you’re an ‘eligible person’. So it’s important to consult an expert Wills and Estate Planning Lawyer. Our success rate for disputing a Will is 97%. We also offer No Win No Fee for contested Wills. Please contact us for a free consultation.

Who can contest a Will?

The biggest factor that influences the success rate of contesting a Will is if the person is eligible.

An eligible person must be one of the following:

A person who was previously named in the Will but was removed
A current beneficiary
A person who would be entitled under the law if the Will did not exist

An eligible person is usually:

Spouses
Former Spouses
De Facto Partners
Children
Step-Children
Grandchildren
Members of the deceased’s household who were dependent on the deceased
People in close personal relationships who lived with deceased

How long does it take to contest a Will?

If the case is not settled out of court, a final hearing will usually take place between 1 and 2 years after the application is filed. For simple cases the hearing can take place much sooner, while more complex cases require further time for all parties to prepare their case, meaning that a hearing may not be set until much later.

Giving a time estimate on how long it takes to contest a Will is difficult as each case varies considerably. But you should generally plan for at least 6 to 12 months.

Our lawyers are experts in settling cases efficiently. Please call for an obligation-free chat.

Is it worth contesting a Will?

This is a difficult question. You’ll need to consider many factors (e.g. financial gain, time, relationships, family, etc). We respectfully suggest you speak with us for advice.