Contesting a Will | Disputed Estates | Inheritance Dispute

This area of law concerns those who feel they have been completely or partially left out of someones Last Will and Testament.

Methods to challenge a will

There are two ways in which you can challenge a will. They are the following:

1. Challenging the validity of a will 

                The basis of this challenge is usually one of the following: 

                    a. The will is a forgery; 

                    b. The will does not comply with formal requirements for a will; and/or 

                    c. The will maker (testator) did not have the capacity to make out a will.

2. Rewriting will

Under the Family Provision Act the court has the power to rewrite a will. The court does this by making an order for provision in favour of an eligible person out of the estate of a will maker (testator) if:

a. The testator left the person out of their will; or

b. The testator did not make adequate provision for the person in their will.

Wills Disputes: How much will I get?

There is no set formula for working out what order for provision the court should make. In deciding what order to make, the court looks at all the facts of the case, particularly:

• The needs of the eligible person; 
• The needs of other beneficiaries of the will;
• The size of the estate (including notional estate);
• The contribution the eligible person made to the testator (financially and otherwise);
• The relationship between the testator and the eligible person; and
• The “moral claim” of the eligible person.

Inheritance Dispute: How long do I have to apply?

You have eighteen (18) months from the date of the death of the testator to apply to dispute an estate. This can only be extended with permission of court – if there are good reasons for not applying within the limitation period.

Legal costs

If you win, about 50-75% of your legal costs are usually paid out for by the estate, the rest will need to be paid from the proceeds of your claim.

If you lose, your legal costs are not paid for by the estate and you may be ordered to pay the estates legal costs.

Contact one of our wills disputes lawyers now on (02) 9547 1733 to get the expert legal assistance you deserve.

Contesting a will | Inheritance Dispute | Disputing an Estate | Lawyer | Sydney