How much does it cost to contest a will?
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In legal terms, contesting a Will refers to an interested person contesting the validity of a Will. If you are thinking of contesting a Will, you may want to know:
- Are you eligible to contest a Will?
- On what grounds you can contest a Will.
- How long you have to contest a Will.
- How you begin the process of contesting a Will.
For all of this information and more, read through our section on Contesting a Will.
It can be quite expensive to defend a will. Prices vary depending on the willingness of parties to negotiate and the complexity of the matter.
The executor or beneficiary is responsible for defending the interests of the testator (the person who made the will) if someone decides to contest the will.
This can be a very complex process to navigate.
The good news is, we can help you decide what to do.
Family Provision Claims are applied for when an eligible person has not been adequately provided for in a will as required by law.
In legal terms, these claims are referred to as challenging a will.
If you are thinking of filing a Family Provision Claim, you may want to know:
- Are you an eligible person as defined in the Family Provision Act?
- On what grounds you can challenge a Will.
- How long you have to file a Family Provision Claim.
- What you need to prove to successfully challenge a Will.
For all of this information and more, read through our section on Family Provision Claims.
No, you don’t need a lawyer to contest a will, but it is usually advisable.
It can save you time, money and stress.
Will dispute law is also very complex.
All will disputes in NSW are heard in the Supreme Court and follow a strict process.
Thinking of hiring a general lawyer? This might not be ideal.
An expert will dispute lawyer understands:
- How the court expects affidavits to be prepared.
- What the judge expects of you.
- What to look for in the preparation of evidence.
- What a successful settlement outcome would be.
To learn more, read through our section on Will Dispute Lawyers.
Will disputes can be generally divided into two main categories:
- Family Provision Claims.
- Contesting the validity of a Will.
In NSW the law provides for eligible persons to be adequately provided for in a will.
Are you an eligible person? Find out here.
In Australia 5-6% of families comprise step children.
There are more blended families than ever before.
Recognising this, law makers updated the definition of people who are entitled to be provided for in a will.
Together with elevated property prices and compulsory superannuation laws that provide for substantial estate values, more people than ever are challenging wills.
Family Provision Claims are the most common type of will dispute.
If you believe you were unfairly left out of a will or that you didn’t receive a fair share of an estate, click here to find out all the information you need to know about Family Provision Claims.
The other reason people contest wills is if they consider the will to be invalid.
Under the law, there are a number of processes that need to be followed for a will to be judged as valid.
You are also required to be an “interested person” in order to file a claim that a will is invalid.
We discuss these issues in more detail on our Contesting a Will page.
If you have been nominated as an executor of a will and someone is challenging the will it will be helpful for you to read the information we have provided on the Defending a Will page.
Whatever your circumstances, whether you’re contesting or defending a will, the laws and processes are complex.
To obtain a favourable outcome you will need to speak with an expert Will Dispute Lawyer.
Read the information on this page to help you make a decision about who you should rely on to get reliable advice.