Contesting or challenging a will

If you have been left out of a Will or received an unfair share of the Estate in the Will you may contest, challenge or dispute the Will. You can contest a Will by either challenging the validity of the Will or contesting the amount of money you have been left under the Will.

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

On 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:

  • Where there are two Wills made close together.
  • Where there is a doubt about whether the testator has actually executed the Will.
  • 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.

Who can contest or challenge a will?

“Eligible persons” who may apply to the Court for a family provision order in respect of the estate of a deceased person include:
  • a person who was the wife or husband of the deceased person at the time of the deceased person’s death,
  • a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death,
  • a child of the deceased person,
  • a former wife or husband of the deceased person,who was, at any particular time, wholly or partly dependent on the deceased person,
  • a grandchild of the deceased person or was, at that particular time or at any other time,
  • a member of the household of which the deceased person was a member,
  • a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.

    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.

    How to challenge or contest a Will

    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.

    Frequently Asked Questions

    Find out how the Turner Freeman team can help you

    Since 1952 Turner Freeman Lawyers have been fighting to protect the rights of individuals and to make sure they get the compensation they deserve.

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