Can I contest a Will?
The death of someone close to us is often a difficult and disheartening time and often in such circumstances contesting a Will can and does make things more difficult. However, there are situations where you may believe that you or a loved one ought to be entitled to more from a deceased estate.
Even though the law recognises a person's right to choose who will inherit their property, there are often very good reasons a person should consider contesting a Will.
What are some of the reasons for contesting a Will?
1. Maintenance claims
A person who has been left out of a Will or unfairly provided for can make a claim for a share of a deceased person's estate.
For example, you can make a claim for a child that has not been provided for in the Will or where the deceased did not provide for a de facto partner.
2. Lack of capacity claims
A beneficiary of an earlier Will could challenge a more recent Will if the deceased person did not have the mental capacity to understand what they were signing when their Will was executed.
3. Undue influence claims
A beneficiary of an earlier Will could challenge a more recent Will if the deceased person were 'unduly influenced' to sign a Will that did not reflect their true wishes.
4. Breach of trust claims
A beneficiary under a Will or trust can apply to a court of competent jurisdiction to remove an executor or trustee who fails to administer a Will or trust properly. The beneficiary can also seek compensation if they suffer financial loss due to the executor or trustee's wrongdoing.
How can I defend a Will?
Defending a contested Will can be a challenging task if you are an executor or a beneficiary. However, most of our cases involving contested and or defended Wills settle without the need to go to Court.
Will disputes have become very common in Australia, so executors must be prepared in the event of a challenged or contested Will. If you have been appointed an executor, you must follow a formal legal process to ensure all instructions recorded in the Will are carried out. The laws which govern Wills, trusts and estates are complex and differ across states and territories, making it crucial to seek local legal expertise.
We know and understand the stress that these situations can create, and we will do everything to help you understand your rights and responsibilities and respond accordingly to the challenge.
We are here to help
Our solicitors specialise in Wills & Estates matters throughout the Central Coast, the Hunter Region and Sydney. We have the experience and expertise to guide you through the process from beginning to end to ensure your peace of mind.
If you would like assistance with your Wills & Estates Planning or wish to discuss a matter of concern to you, contact one of our Wills & Estates specialists on 1300 529 444 or fill in our contact form to arrange a free conference with a solicitor today. Contact us now! 24-hour legal advice 7 days a week
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Contravene | Breach AVO
- COVID-19 Penalty Notices
- Criminal Appeals
- Destroy Damage Property
- Drug Offences
- Firearms & Weapons
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder & Manslaughter
- Offensive Behaviour
- Police Pursuit (Skye’s Law)
- Resist | Assault Police
- Section 10 Dismissal
- Section 14 Mental Health
- Sexual Assault
- Stalk | Intimidate
Very Helpful, Very Organized approach in defending you in court, Fourtree Lawyers are the company to chose if you want all the confusion and stress to be explained to you and for you in regard to facing court, these people are the Answer.
I’d like to thank Kevin and Jane for meeting me on the weekend and saving me a trip to the central coast (without a licence). I’d also like to thank Paul Popescu for doing a fantastic job representing me on a serious driving charge, he gave me clear instructions on what I needed to do and he was spot on, I received the best possible sentence. I would highly recommend Fourtree Lawyers, they travel all over NSW.
We found Fourtree Lawyers on Google after hours. I called on a Sunday and got some good advice. So went in to meet Kevin on the Monday. The outcome was a section 10(1)(b). We were so pleased and relieved. Thank so much to Kevin and Jane!! Would definitely recommend Fourtree Lawyers! Worth every cent! – JM Terrigal
I was recommend to Fourtree Lawyers from a friend whom also experienced a serious driving infringement. My situation was slightly more serious, being charged with drive while suspended, shared with a reasonably extensive driving record, meant my chances of driving home were minimal. Kevin’s realistic and knowledgeable approach not only prepared & educated me upon all possible verdicts, but also supported me with all possible optimistic outcomes. Kevin’s extensive knowledge of the legal system, combined with the understanding of the Judges expectations, and vast life experience resulted with an outstanding result,...
From the first phone conversation Fourtrees gave us the confidence and reassurance that that our matter would be handled with professionalism and an outcome we were hoping for. The submissions given outlined how we felt and defended our matter perfectly. We couldn’t be happier with the care and comfort we received. We would recommend Fourtrees to anyone needing legal advice & will use Fourtrees for all and any of our future legal matters.