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Contesting a Will

If you’ve been left out of a Will, or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the estate.

Who can dispute a Will?

It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:

  • wife or husband
  • defacto or same-sex partner
  • former spouse or de facto partner
  • child, stepchild or grandchild
  • parent of a child of the deceased
  • parent, brother or sister
  • someone who was financially dependent on the deceased
  • carer of the deceased

This is a very general guide only so please contact us to discuss your particular circumstances.

Is there a time limit?

Yes, there is. You have only 12 months from the date of their death to make a claim. In certain circumstances, we might be able to obtain an extension of the time limit so please contact us to discuss your situation.

What if I don’t believe the Will was valid?

You can challenge a Will if you believe that the will is a forgery or if the person lacked the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.

How do I make a claim?

First, contact a lawyer, who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents and make an offer to the executors. Many claims are settled through negotiation at this stage.

If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases, mediation will be required by the court.

Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.

We can help

At every stage of contesting or challenging a Will, it’s important to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to court we also have the skills to fight on your behalf.

Contact us to find out more or to arrange a consultation with an experienced estate lawyer in Surry Hills.

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Yardy Legal

Our firm has 20 years providing solutions and peace of mind for Hospitality operators, no matter what their legal needs. Clear, commercial advice so you can make the right decisions for a better future.

Areas of Practice

  • Intellectual Property & Trademarks
  • Business & Commercial
  • Business Purchase/Sale
  • Commercial & Corporate Law
  • Contesting a Will
  • Conveyancing
  • Family Law Property Settlement
  • Hospitality, Hotel, Liquor Licensing & Gaming Law
  • Licensing, Tribunal & Criminal Matters
  • Planning & Environment Law
  • Retail & Commercial Leases
  • Workplace Relations Law
  • Litigation & Dispute Resolution

Contact Us

  • Suite 513 55 Holt St Surry Hills New South Wales 2010
  • 02 9318 2288
  • 0419 789 784
  • [email protected]

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  • Home
  • About Us
  • Areas of Practice
    • Business & Commercial
    • Business Purchase/Sale
    • Commercial & Corporate Law
    • Contesting a Will
    • Conveyancing
    • Family Law Property Settlement
    • Hospitality, Hotel, Liquor Licensing & Gaming Law
    • Intellectual Property & Trademarks
    • Licensing, Tribunal & Criminal Matters
    • Litigation & Dispute Resolution
    • Planning & Environment Law
    • Retail & Commercial Leases
    • Workplace Relations Law
  • For Clients
    • Payments
    • Your Secure Documents
  • Contact Us