Contesting a Will

Contesting a Will

Contesting a will involves challenging its validity or the distribution of assets. This legal process often arises due to concerns about fairness, disputes, or inadequate provisions. Legal expertise is crucial.

We can assist builders with the following types of disputes

“Contesting a will involves challenging its validity or the distribution of assets. This legal process often arises due to concerns about fairness, disputes, or inadequate provisions. Legal expertise is crucial.”

  • The maker of the Will did not have the mental capacity at the time of creating 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 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 who was dependent on them financially (family provision claim)

It is important to seek legal advice as soon as possible about wanting to contest a Will. Our Wills and Will dispute specialists can assist you through the legal process of contesting a Will – call them today.

Our Process

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.

Proud Partners of One Law

Delivering comprehensive legal services, our company is dedicated to providing expert guidance and solutions tailored to meet the unique needs of our clients.