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Contesting a Will

The death of a loved one can be a difficult and emotional time, and the process of settling their estate can be complex and stressful. If you believe that a will is invalid or that it does not reflect the true wishes of the deceased, you may choose to contest the will.

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Process of Contesting a Will

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At Premier Compensation Lawyers, our experienced wills and estates lawyers can help you understand your rights and options when it comes to contesting a will. We understand the sensitive nature of will disputes and will provide you with expert legal advice to help you resolve your dispute as quickly and efficiently as possible.

 

Common grounds for contesting a will include:

  • Being left out of the will: known as a “disinheritance claim” or a “claim of disentitlement.” This occurs when an individual believes they have a rightful claim to inherit from the deceased person’s estate but were intentionally excluded from the will.
  • Not being adequately provided for in the will: close family members or dependents can challenge a will if they believe they have not been reasonably provided for in the deceased person’s estate.
  • Lack of testamentary capacity: The deceased may have lacked the mental capacity to understand the nature and effect of making a will at the time it was made.
  • Undue influence: The deceased may have been influenced or pressured by another person to make a will that did not reflect their true wishes.
  • Fraud or forgery: The will may have been created or altered through fraudulent or illegal means.
  • Improper execution: The will may not have been properly executed in accordance with the requirements of the law.

Our experienced lawyers will work closely with you to assess the validity of the will and gather evidence to support your claim. We will also represent you in court and negotiate on your behalf to reach a fair settlement.

Frequently Asked Questions on Contesting a Will:

Who can contest a will?

A will can be contested by those who have had a relationship with the deceased; such as a spouse, de facto partner, child, grandchild, dependent or beneficiary of the estate.

How do I contest a will?

The process of contesting a will involves making a formal application to the court and presenting evidence to support your claim. It is important to seek legal advice from an experienced will dispute solicitor to guide you through the process.

What are the grounds for contesting a will?

The grounds for contesting a will can include being left out of a will, not being adequately provided for in the will, a lack of testamentary capacity, undue influence, fraud, forgery, duress, or a failure to comply with the formalities required for a valid will.

Is it expensive to contest a will?

The cost of contesting a will can vary depending on the complexity of the case and the amount of legal representation required. It is important to seek legal advice to understand the cost implications of contesting a will and to ensure that you have a clear understanding of the process. The estate must pay the “party”/”party” costs in a settlement or successful contest.

Can I reach a settlement before going to court?

Yes, it is possible to reach a settlement before going to court. This can involve negotiating a settlement with the other parties involved in the dispute or using alternative dispute resolution methods, such as mediation.

What happens if a will is contested and found to be invalid?

If a will is contested and found to be invalid, the estate will be distributed either pursuant to the previous will or according to the laws of intestacy, which dictate how the estate will be divided if there is no valid will in place.

What is the statute of limitations for contesting a will?

There is a strict time limit of 12 months from the date of probate to contest a will. It is possible to contest a will outside this time limit however, you will have to provide an adequate reason to the court as to why you were delayed in contesting the will. Premier compensation lawyers can assist you if you wish to contest a will outside of this 12 month time limit.

What makes our team the right choice for you?
  • Proven track record of success
  • Decades of experience
  • Caring and friendly team

If you have any questions about contesting a will or would like to schedule a consultation, please do not hesitate to contact us. We are here to help you and your family through this difficult time.

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What makes our team the right choice for you?

  • Proven track record of success
  • No win, no fee
  • Decades of experience
  • Empathetic and patient team

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