Challenging/Contesting A Will

Who can contest or challenge a will?

Disputes about the validity of Wills or entitlements under Wills arise in a number of circumstances.

Contesting the validity of a Will - Unfair WillsOn some occasions disappointed beneficiaries (or other persons including the executor named in the Will) approach the Court in respect of the validity of the Will.  The circumstances might include:

(a) Where there are two Wills made close together.

(b) Where there is a doubt about whether the testator has actually executed the Will.

(c) Where there is a degree of doubt about whether the testator/ had the capacity to make the Will which is the subject of the dispute.

 

How to challenge or contest a Will

If you decide you wish to challenge or contest a Will because the Will is unfair, fraudulent, or undue influence was used on the testator when the Will was drafted, you should contact a solicitor for a consultation as soon as possible as time limits to your claim may apply.

During the consultation, the solicitor will request information from you such as your relationship with the deceased, the circumstances surrounding the drafting of the unfair Will in question, the contents of the unfair Will, and why you consider the Will to be unfair. The solicitor may also ask for additional documentation from you to assist in assessing the type and merits of your claim.

Family Provision Claims and “No Win No Fee”

If it is determined that the best way to challenge the Will or contest the Will is through a Family Provision Claim, we may be able to take your case on a “No Win No Fee” basis. (Please see our section on Family Provision Claims)

Call Turner Freeman Will Dispute Lawyers today on 13 43 63 to arrange your free consultation and case assessment. Our offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong, and Gloucester.