Wills & Will Disputes



Request Call Back

Contesting a Will

Do you feel that you have been shortchanged in your inheritance? We can help you determine whether you may be able to contest a Will.

We can sometimes apply for a Will to be determined as invalid. Some of the reasons why a Will may be invalid include:

  • The maker of the Will did not have mental capacity at the time of making the Will.
  • The maker of the Will was unduly influenced in making the Will and the Will did not reflect the maker’s true wishes.
  • The Will was not witnessed by two witnesses at the time the maker of the Will signed the Will.
  • The circumstances of the maker of the Will had changed significantly after the Will was made and there is no updated Will.
  • The Will does not provide for a dependent of the maker of the Will, i.e. a child, grandchild or spouse of the maker of the Will who was dependent on him or her financially (family provision claim).

It is important to seek legal advice as soon as possible about contesting a Will. Strict time limits apply.

We can Help

One Law have a team of expert lawyers who can help guide you through the legal process of contesting a Will.

The steps below explain how we can help you.

We make it simple

Our expert law team is here to help. We would love to hear from you. You can get in touch with one of our lawyers by completing the online enquiry form below or by calling us on free call 1800 ONE LAW (663 529).

1

Meet With Us

We will meet with you at a time and place that is convenient for you. We will discuss your concern regarding the Will and the reasons why you think it should be contested.

2

Review your information

We will review information supplied by you in relation to the Will you want to contest. We may also need some paperwork to confirm the information you provide to us. We will consider the law that applies to your particular circumstances and determine whether there is any merit in contesting the Will on your behalf.

3

Commence drafting your contest to the Will

Upon a finding that we believe your case has merit, we will commence drafting your contest to the Will, the reasons for the dispute and what you would like the outcome to be. We will make sure that you are happy with the contents of the contest before sending it to the Executors of the Will.

4

Write to the Executors of the Will

Upon completing your contest to the Will, we will contact the Executors of the Will and advise them of your claim to contest the Will and the reasons why we think your case has merit.

5

Review response from Executors

Upon receipt of the response from the Executor/s, we will consider your case further and determine whether we need to proceed to have your case mediated or heard in Court. We will advise you as to your prospects in mediation and Court and the likely risks and costs involved. You can then decide how you would like to proceed.

Do you need to speak to a lawyer?

Call us on our free advice line or leave your details and we'll call you back.


Phone

1800 663 529