Need a specialist probate and estate lawyer? Left out of a will ? Thinking of contesting or challenging a Will or involved in an Estate dispute? Then contact one of our specialist estate lawyers and see how we can help you on a “no win no fee basis”.
Can I challenge a will?
Subject to certain legal requirements a person may leave their estate as they wish.
However, failing to comply with the legal requirements of a will may enable a will to be challenged.
If you have been left out of a Will, or have not been properly provided for in a Will then you may be able to make a claim against their estate.
Estate disputes may also arise if the Will was not properly drawn up, if the Will maker lacked mental capacity at the time the Will was executed, or if there was fraud, forgery, force or undue influence.
Am I eligible to make a claim?
A Will can be disputed if you have need for provision from a deceased estate and you have had one of the following relationships with the deceased:
- A wife or husband or defacto wife or husband at the time of death of the deceased person;
- A former wife or husband;
- A person with whom the deceased was living in a domestic relationship when she/he died;
- A child of the deceased
- A child of a person living in a domestic relationship with the deceased
- A grandchild if she/he ever lived in the household of the deceased
- A person who ever lived in the household of the deceased and was dependent on them
How likely am I to succeed?
The likelihood of succeeding in a claim and the amount which may be awarded in your favour depends on your situation, your relationship to the deceased, the size of the estate, the number of other dependents/relatives and other factors.
What time restrictions apply?
Subject to leave of the Court you must commence proceedings in the Court within 12 months of the date of the deceased’s death
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