Contest a Will Lawyer
We offer a No Win No Fee agreement for will disputes.
This means, in most cases, you won’t be out of pocket.
Yes, we offer No Win, No Fee for will disputes to suitable clients.
A No Win, No Fee agreement means that (if you hire us) you are not required to pay our legal or professional fees UNTIL your case is settled and funds are disbursed.
Any legal fees will then be paid from the estate in dispute.
Want to learn more?
The following people could be eligible to contest a will in NSW:
- Former Spouses
- De Facto Partners
- Step Children
- Members of the deceased’s household who were dependent on the deceased
- People in close personal relationships who lived with deceased
If you are not an eligible person, then you cannot contest a will.
But, you might be able to challenge a will or dispute a will in other ways.
Not sure if you’re eligible?
If you answer ‘yes’ to the following questions, you may have grounds to contest a will in NSW:
- Are you an eligible person?
- Are you still within the time limit for contesting a will?
- Is the deceased estate mostly located in NSW?
- Have you been unfairly provided for in the will or not provided for at all?
- Do you have any ‘need’? (i.e. if the Court was to take a look at your current situation (finances, debts, assets, investments, expenses, education needs, employment, etc.) would they determine that you are someone in need of financial provision from the deceased’s will?
If you answered ‘no’ to any of these questions, we still encourage you to contact us for a FREE case assessment.
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.
Yes, you can contest a will without a lawyer.
But you might not achieve a favourable outcome.
Will dispute law can be quite complex.
Every case is unique and needs to be considered on its merits.
An experienced will dispute lawyer can help you get the most favourable outcome.
This can also save time, money and stress.
Since 2009 there has been a significant rise in the number of Wills and Estates in dispute.
As a result, many law firms have included Will disputes in their area of practice.
They have seen it as an opportunity to get more work.
It helps to be careful when engaging lawyers from firms like this.
The concern is that these law firms practice many areas of law such as criminal law, family law and conveyancing.
As a result, they may not have much experience with resolving disputes concerning Wills and Estates.
Often you will find that these law firms only provide legal services for Will Disputes.
The practice of law when dealing with making a Will, planning for your Estate to be passed on tax effectively, the process of Probate and contesting or defending a Will dispute is all closely related.
Working with a lawyer who has experience in each of these areas can help you to navigate your situation in a more timely and less expensive way.
We understand that people may make decisions to go with law firms based on the cheapest option.
Legal disputes can be expensive.
For this reason, choosing a specialist Will dispute lawyer will help you achieve a more favourable outcome at a lower cost.
It is the knowledge of the law and the experience with many different cases, which helps to resolve a dispute in a timely and less expensive way.
The lawyer can make decisions confidently and provide advice competently which often leads to a resolution at mediation rather than proceeding to a court hearing where it becomes more costly.
There are many reasons why you should consider hiring a Will Dispute Lawyer.
Engaging a Will dispute lawyer in the practice of Will disputes can help you resolve matters in a timely and cost-effective manner.
All Will disputes in NSW are heard in the Supreme Court and follow a strict process.
An experienced Will dispute lawyer can help you navigate this process more quickly and easily than a general practice solicitor because they know:
- 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.
Will disputes can be generally divided into two main categories:
1. Family Provision Claims.
In NSW the law provides for eligible persons to be adequately provided for in a Will.
We discuss who is defined as an eligible person on the Family Provision Claim page.
In Australia 5-6% of families comprise stepchildren.
There are more blended families than ever before.
Recognising this, lawmakers 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
2. Contesting the validity of a Will.
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.
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.
If you are the executor or beneficiary of a Will and someone decides to contest or challenge the Will, you are responsible for defending the interests of the testator (the person who made the Will).
In these circumstances, it can be a very complex process to navigate. Here, we help you with some of the information you will need to know when deciding how to proceed.
Consider Heckenberg Lawyers.
We have over 25 years of experience in will disputes, estate planning, probate and creating wills.
5-star review, great communication and no win no fee for will disputes.
Please call us here for a chat with a Sydney Will Dispute Lawyer (obligation-free).