Contested Wills & Probate Lawyers Near Me
Dealing with the death of a loved one can be an emotional, stressful and complicated time made more complex if you believe their Last Will and Testament do not reflect their intentions. And on top of that, the thought of challenging the will in the Supreme Court can make you feel intimidated and overwhelmed. That’s why we’ve dedicated our working lives to helping people like you navigate the often confusing course and guide you through each step.
Need a Wills and Estates Lawyer “Near Me?”?
If you’ve been left out of a will or not provided with adequate provision for your maintenance or support from the estate of a deceased person when you expected to benefit, don’t try to go it alone. You need experienced will dispute lawyers who know the intricacies of estate litigation, Section 57 of the Succession Act, the Family Provision Act and the Probate Act. We can help you understand the complex legal process of proving that you are an ‘eligible person’ to contest a deceased person’s will.
You also need help to file a family provision claim and to settle will and estate disputes. So, if you’re looking online for contested wills and probate lawyers “near me” to help you challenge a will, call us today at the NSW Wills & Estates Helpline.
The Steps to Contesting a Will
Our team of experienced lawyers has a wealth of collective experience, knowledge and expertise in challenging wills and estates. We can offer you the guidance and representation you need so that you may achieve a fair outcome in your claim for adequate provision through court proceedings or an out-of-court settlement. We can help you to gather the information necessary to prove you are an eligible person,
Step 1 – Get in Touch With the Wills & Disputes Helpline
Call the Wills & Disputes Helpline and make an appointment to discuss your circumstances and options surrounding a family provision claim. One of our compassionate and experienced lawyers will assess your claim and give you the advice you need to proceed once we have the proof that you are an eligible person and your case is strong enough.
Step 2 – We Prepare Your Family Provision Claim
In preparing your family provision claim, we’ll carefully and clearly explain how we should run your case to get you the best possible outcome with the least stress.
Step 3 – We Negotiate Your Settlement For Adequate Provision
The quickest and least stressful way to get you what you deserve from your loved one’s will is to settle out of court prudently. If we cannot negotiate an acceptable settlement, we’ll work with you to prepare your matter for trial.
Who Can Contest a Will?
A deceased person’s spouses, de facto partners and dependent children always have a right to contest the will under Family Provision laws. The other statutory categories are based on the kind of dependence and kinship between the claimant and the deceased. A claimant needs to consult an estate litigation lawyer to find out if they fit into any eligibility categories before filing a family provision claim in the Supreme Court.
On what Grounds Can a Will Be Contested?
You can make four main types of claims when contesting a will, but be aware that there are strict time limits – a claim must be made within 12 months of the deceased’s death in NSW.
1. Claim For Further Provision From the Estate:
This is the most common claim. It’s where someone close to the deceased believes they weren’t left enough provision from the estate, so they want a more significant part of the estate.
2. Lack of Capacity:
You may be able to contest a will if you were named as a beneficiary in a previous version of the will, but your name was not included in the last version at a time when the will-maker lacked mental capacity.
3. Undue Influence:
The basis of this claim category is there was undue influence, or the testator (will-maker) was pressured into making a will in a way the influencer wanted. You must prove the deceased person was unduly influenced by someone (or some people) to sign a will that wasn’t in line with the testator’s true wishes. Undue influence is the most difficult to prove and least successful claim.
4. Breach of Trust:
This contested will category has to do with the executor’s trustworthiness. You can approach the court if you’re part of the deceased’s household, a family member or other beneficiary of a will, and you believe the executor has failed to do their job correctly. If the court agrees on the evidence you provide, it may remove the executor or call them to account.
Contact the NSW Wills & Estates Helpline
The contents in this article are general and should not be wholly relied upon for you or your family members to decide on contesting a will. Always seek legal advice about probate, contested wills, family provision claims and estate litigation. Call us at the NSW Wills & Estate Disputes Helpline today for more information about the grounds for contesting wills and applying for a family provision order if there is a dispute. Our lawyers are seasoned experts, so don’t hesitate to contact us to discuss your legal rights at 1300 679 222, email willscontesting@gmail.com, or fill in the online enquiry form here, and we’ll get back to you immediately.
