Defending a Will

The grounds for challenging a will in Australia include an eligible person being left out of a will or allegations of inadequate provision, lack of testamentary capacity, undue influence, forgery, and fraud.

The process of defending a will in Australia typically involves the following steps: filing a notice of intention to defend the will, obtaining copies of the relevant documents, preparing a response to the challenge, and representing the estate in negotiation and then at a hearing in court if we are unable to resolve the dispute.

The time frame for defending a will in Australia can vary depending on the complexity of the case and the court’s schedule. Generally, the process can take a few months, but if a hearing is required it can take longer.

If a will is successfully challenged in court, it may be declared invalid and an earlier will may be reinstated or the estate may be distributed according to the laws of intestacy. A person left out of the will may be given provision or a beneficiary may have their portion increased.

Yes, the parties involved in a will challenge are ordered by the court to attempt to resolve the dispute through mediation instead of court. This can be a quicker and more cost-effective option.

The cost of defending a will in Australia can vary greatly depending on the complexity of the case and the length of the case.

The executor has the responsibility of defending the will and protecting the assets of the estate.

An executor can be held liable if they fail to carry out their responsibilities or if they act in a manner that is not in the best interests of the estate, which is why hiring a lawyer is crucial.

• Proven track record of success
• Decades of experience
• Empathetic and dedicated team
• Specialists in defending wills

Whether you’re defending a will that you’ve created or you’re an executor of a will that is being challenged, our lawyers are here to help. With years of experience in this area of law, we are equipped to handle even the most complex of cases. Don’t let your legacy be put at risk. Contact Premier Compensation Lawyers today to schedule a consultation and protect your rights.