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Contesting or Challenging 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 Family Provision Claim against the estate. PW Lawyers can assist you with such a claim.

Who can dispute – or contest or challenge – a Will?

Challenging a will questions its validity, whereas contesting a will questions the fairness of its provisions.

Which parties can challenge or contest a will 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 defacto 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 Family Provision Claim. In certain circumstances, an extension of the time limit may be able to be obtained so please contact us to discuss your situation.

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

You can challenge or contest 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 Family Provision Claim?

First, contact a lawyer, who can assess the strength of a possible Family Provision Claim and discuss your particular circumstances.

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, we can then 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 PW Lawyers to find out more or to arrange a consultation with an experienced estate lawyer.

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PW Lawyers

PW Lawyers is a Boutique firm based in Lindfield on Sydney’s North Shore. Established by John Buttfield in 1996 as Proctor Willaws, PW Lawyers’ highly-experienced team of solicitors, licensed conveyancers, and Justices of the Peace (JPs) specialises in wills, estates and property law.

Our team provides our clients with a unique combination of friendly, personalised service alongside decades of professional experience earned in large multinational law firms, government, financial services, private practice and the corporate sector.

Areas of Practice

  • Wills & Estate Planning
  • Probate & Deceased Estates
  • Family Provision Claims
  • Contesting or Challenging a Will
  • Defending a Will
  • Powers of Attorney & Enduring Guardianships
  • Buying, Selling & Transferring Property
  • Purchase & Sale of Businesses
  • Residential & Commercial Leases
  • Retirement Villages & Aged Care

Our Focus

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  • Approachable And Friendly
  • Local Knowledge

Contact Us

  • Suite 10, 303 Pacific Highway, Lindfield NSW 2070
  • (02) 9415 8192
  • admin@pwlawyers.com.au

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