We understand that dealing with the death of a loved one is incredibly difficult. This stress is often compounded when you feel you have been unfairly treated in their will. Our experienced lawyers are here to listen and provide clear, expert guidance on contesting a will in NSW.
A Step-by-Step Guide to Contesting a Will in NSW
If you believe you have been unfairly left out of a will or have not been adequately provided for, you may be able to make a “Family Provision Claim.” This is the legal process for challenging or contesting a will.
Step 1: Initial Consultation
Contact our team for a free, no-obligation discussion about your situation. We will listen to your story and provide a clear assessment of your potential claim.
Step 2: Gathering Evidence
We will help you gather the necessary documents and evidence to support your claim, such as financial records and details about your relationship with the deceased.
Step 3: Negotiation and Mediation
In many cases, will disputes can be resolved without going to court. We are expert negotiators and will aim to reach a fair settlement for you through mediation, a confidential process that can save you time, stress, and money.
Step 4: Commencing Court Proceedings
If a settlement cannot be reached, we will file your claim with the Supreme Court of NSW. We will handle all legal complexities and represent you with strength and expertise at every stage.
Who is Eligible to Contest a Will?
Under the Succession Act 2006 (NSW), you may be eligible to contest a will if you are the:
- Spouse or de facto partner of the deceased.
- A child of the deceased.
- A former spouse of the deceased.
- A person who was, at any particular time, wholly or partly dependent on the deceased.
- A grandchild who was a member of the deceased’s household.
- A person with whom the deceased was living in a close personal relationship at the time of their death.
Understanding the Costs: No-Win, No-Fee Arrangements
A common worry is about the cost of legal advice. We believe everyone deserves access to justice, which is why we handle most will dispute claims on a “No-Win, No-Fee” basis.
This means you will not have to pay our legal fees unless we are successful in securing a settlement for you. In the majority of successful cases, the legal costs are ordered to be paid out of the estate itself, not from your own funds. We will provide a clear and transparent cost agreement so you can proceed with confidence.
Grounds For Contesting a Will
There are several reasons a will may be challenged. The most common grounds include:
Claim For Further Provision
This is the most common type of claim, where an eligible person argues they have not been adequately provided for in the will.
A common basis for a successful family provision claim arises when an eligible person, such as a dedicated daughter who has cared for her elderly father, is left with a smaller share of the estate than her siblings. In situations like this, the law recognises that her significant contributions and financial needs must be considered. Our role is to build and present the case on your behalf, often leading to a successful mediation where a much larger, fairer provision from the estate is negotiated without the stress of a court hearing.
Lack of Testamentary Capacity
This claim can be made if it’s believed the will-maker did not have the required mental capacity to understand the nature and effect of the document they were signing.
Undue Influence or Duress
This applies when there is evidence that the will-maker was coerced, pressured, or manipulated into making or changing their will in a way that did not reflect their true wishes.
Executor Breach of Trust
This occurs when the executor of the will fails to act in the best interests of the beneficiaries, mismanages the estate’s assets, or does not follow their legal duties.
Why Choose Us? Clear & Honest Advice | Effective & Efficient Resolution
Contesting a will is a complex legal process. Our team specialises in will and estate disputes, providing you with the expert guidance you need to navigate this challenging time.
Ready to discuss your situation? Call our NSW Wills & Estates Helpline for a Free Consultation and take the first step towards a fair resolution.
