Will Dispute Lawyers
Disputes often arise around the distribution of an estate following a death. Spouses, children or dependents of the deceased may believe that they were not properly provided for under the will, or that the will does not reflect the deceased’s intention.
Whether you are an executor trying to meet your obligations, someone who believes they were not properly provided for under the terms of a will, or a person concerned about the will being followed, we have the experience and knowledge to help.
Estate litigation is often highly emotional and tenaciously fought for a number of reasons, not the least of which is that the parties to a dispute often find themselves in a vulnerable and distressed state before the dispute even arises.
Given the potential ramifications on both a financial and personal level it is important that you engage lawyers that you can trust and who are experienced in working with parties in such fraught circumstances.
Contesting a Will
A will can be Contested under the family provision laws in each state in Australia. Typically, these proceedings focus on the fact that the person contesting the Will has not received enough in the Will and should have received more. Often seeking financial aid, or right to live in a property.
You may only contest a will if you can prove some relationship with the deceased:
- Spouse
- Child
- Extended Family
- Friends
In the cases of extended family or friends, there must be proof of some kind of dependence on the deceased to be able to contest a will.
Challenging a Will
A Will can be challenged by anyone who has an interest in the last Will or a previous Will of the deceased. The most common challenge of a will is on the basis that they are not valid. A challenge could be mounted on the will because it is the belief that the will writer:
- did not have testamentary capacity to make the Will
- was subjected to undue influence when they made the Will
- did not make the Will at all and there is evidence that the Will is a forgery
- did not truly know and approve the contents of the Will
If any of these grounds can be proved, then the whole Will would be treated as having never been valid. A Will can be challenged at any time, within reason.
If you need to challenge or contest a will, you will need to find out if a grant of probate has been issued. If it hasn’t, you can lodge a probate caveat to prevent probate from being granted. You will then need to work with the executor to resolve your issue. If it cannot be resolved, you will need to file an application with the court to have the court resolve it.
PB Lawyers Australia can help with both sides of this coin, whether you are an executor facing an estate dispute, or you’re an individual who feels hard done by in this complicated process, we are capable of using or expertise to fight for you to get the best outcome.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Estate Dispute Law Solutions Include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Communicating with Opposing Lawyer
Arranging and Facilitating Mediation
Seeking and Arranging Court Orders
Representing You in Court
Negotiating Settlement on Your Behalf
Client Testimonials and Reviews
Frequently Asked Questions
How long does someone have to challenge a will?
If you are planning to challenge a will in NSW, you must begin proceedings to seek a family provision order within 12 months from the date of death of the will-maker.
How do you stop a will being contested?
The short answer is you can’t stop a will being contested. Legally in Australia, any person who is eligible to contest your will can make a claim against the estate. They will of course need to provide evidence that they have not been adequately provided for in the will of the deceased, but there is no real way to prevent them from contesting the will in the first place.
What is a family provisions claim?
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.
What if I'm not an 'eligible person' to contest a will in NSW?
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.
Can I contest a will after the estate has been distributed?
The short answer is yes, you can contest a will after probate has been granted. In New South Wales, probate is required before will disputes are presented to the court.
Who pays to contest a will?
How the legal costs of contesting a will are paid depend on different factors, but primarily it will depend on the outcome. For example, if the will dispute is settled during mediation and does not go to Court, you will receive an agreed-upon amount from the estate and you will be required to pay your legal costs out of this amount.
If your case progresses to Court and you are successful in contesting the will, the court will likely order the estate must pay party/party costs or ‘ordered’ costs. In this circumstance, the amount will usually cover approximately 70% of your legal costs, but you will need to pay the remainder out of your share of the estate.
