Will Dispute Lawyer
We Strive Relentlessly for What’s Rightfully Yours
Your Sydney Will Dispute Lawyer
If you believe that you have received an inequitable inheritance or completely forgotten about in a will — it’s time to speak to an expert will dispute lawyer.
Losing a loved one, family member, or friend is always difficult. And we completely understand it can feel thoughtless, selfish, or improper to contest or challenge the intentions of the recently passed.
But, if your treatment leads to you experiencing hardship or apparent prejudice — or you believe their Last Will and Testament doesn’t accurately reflect the deceased’s wishes — it’s understandable, advisable, and lawful to consider a challenge.
As experienced will dispute solicitors, Falzon Legal will compassionately guide you on the contest and challenge pathway — continually supporting you both legally and emotionally, while striving ceaselessly to deliver a fair resolution.
The Grounds You Need To Use Will Dispute Solicitors
There are two legal frameworks through which you can dispute a will in NSW — challenge and contest.
A challenge is appropriate when you query a Last Will and Testament’s validity — usually when you believe the deceased was of unsound mind or was unduly influenced during its composition.
A contest is permitted if you feel you have been wrongly omitted or unfairly treated in a will.
The reasons for disputes are highly personal and varied — although the most common lawfully permitted grounds include:
- Lack of testamentary capacity — the testator was not of sound mind or possessed the legal right to create the will.
- Fraud and influence — including coercion and forgery.
- Statutory failures — such as lack of witnesses or signatures.
- Inadequate provision — unfair treatment when your relationship with the deceased, your health, and your financial situation are considered.
The above grounds relate to permissible routes for contest and challenge in NSW — but can differ somewhat across the nation’s territories and states. As solicitors specialising in will disputes, Falzon Legal can provide compassionate and focused advice on disputes — wherever you live in Australia.
Who Can Use a Lawyer to Dispute Wills?
Your entitlement to dispute a will depends upon whether you’re challenging or contesting the Last Will and Testament.
Challenges to a will can be undertaken by:
- Any beneficiary who is named in the most current will.
- Any beneficiary who was named in a previous version of the will.
- Person/s who, if the Last Will and Testament didn’t exist, would otherwise be eligible to a share through intestacy.
Contests to a will may be pursued by:
- The spouse of the deceased at the time of passing.
- A person who, at the time of the passing, was in a de facto relationship with the deceased.
- The deceased’s children.
- The deceased’s previous spouse.
- Anyone who, at any time presently or in the past, was partly or fully dependent on the deceased.
Considering Disputing a Will? Check With Falzon Legal To Ensure Your Eligibility
The Importance of Using Inheritance Disputes Lawyers
While it’s possible for you to contest or challenge a Last Will and Testament without representation — it’s inadvisable.
Beginning the claim, disputing the will, and achieving a fair and satisfactory resolution demands both experience and specialist knowledge. Without estate dispute lawyers, your chances of success are unlikely.
By using a qualified will dispute law firm — such as Falzon Legal — you receive much more than professional legal advice and claim handling.
An Ally Who Understands
Hollywood movies typically portray estate challenges as being issued by bitter, self-serving egoists out to seek revenge or attain one-upmanship over siblings or spouses.
Real-life disputes couldn’t be further away from this fictional representation. The reasons behind contests are varied — genuine hardship, perceived inequitable treatment, alleged prejudice, health problems, and mental issues underlie many legitimate claims.
Furthermore, the vast majority of people considering resolution aren’t single-minded with focused attention on a specific outcome. They’re concerned, confused, often upset, and unsure whether a dispute is sensible, justified, or even worthwhile.
Experienced lawyers for will disputes, like Falzon Legal, completely understand this.
You ask yourself questions such as:
- Have I been unfairly treated?
- Was the Last Will and Testament the true wishes of the deceased?
- Will a challenge cause me problems?
- Am I dishonouring the deceased by contesting their will?
- Is it moral for me to question another’s intentions?
- What will my friends, family, and loved ones think if I begin a dispute?
From the very outset, Falzon Legal will guide, advise, and support you compassionately through these emotions, questions, and doubts. Honest, straightforward, and without unnecessary legal jargon — we will gently navigate you through your options and always act with your best interests and wellbeing at heart.
Determination of Your Entitlement to Dispute a Will
Before any legal pathways are followed — it’s crucial that you investigate your eligibility to make a claim. However, the passing of a loved one is often an emotional rollercoaster — and perhaps you may not be in the best state of mind to assess your right to make a challenge or contest.
Furthermore, the rules regarding entitlement are complex, varied, and differ across both challenges and contests — you need experienced and knowledgeable advice from a will contest lawyer.
At Falzon Legal, we will assess your entitlement as our first step.
While relentlessly understanding and supportive, we will be completely honest, open, and up-front about your eligibility. There’s little point wasting your time and money on pursuing a claim only to discover you’re about to fail at the first hurdle.
Find Out Now If You’re Eligible To Make a Will Dispute — Call Falzon Legal
Last Will and Testament Appraisal
Once Falzon Legal has assessed your entitlement to dispute a Last Will and Testament — it’s important you understand the processes and likely consequences of making a claim.
With your comfort and wellbeing always in mind, we will gently talk you through the procedure — explaining in detail what to expect, the time frame involved, and the likely cost.
And, perhaps most importantly, we will conduct a claim appraisal — providing you with realistic expectations on your prospects of success, and what we anticipate you may receive.
At all times, we will be honest with you.
Depending upon your relationship to the deceased, your circumstances, your reason for the claim, and the scope of the estate — starting a claim may not be the most beneficial course of action.
Advice on the Most Appropriate Claim
Your personal situation is specific, and Falzon Legal will provide experienced advice on the most appropriate form of will dispute.
For example, you may consider that you were unfairly omitted from a will due to the deceased being coerced or pressured by a third party to exclude you. In such an event, we would assist in making an undue influence claim.
Alternatively, if you were a dependent of the deceased, living under the same roof, and received little or no accommodation was made for you in their will — it may be advisable for us to pursue a Family Provision claim.
Whatever your course of action — Falzon Legal will be by your side.
Ceaselessly supportive and understanding, we ensure all necessary documentation, affidavits, and requests are completed timely and accurately. From mediation to litigation, we will be your rock and counsel during this emotionally challenging time.
How Much Does a Lawyer for Will Disputes Cost?
The cost of disputing a Last Will and Testament in court may, if your claim is successful, be reimbursed by the deceased’s estate. Often, the judge will issue an order stating that the second party must address the first party’s expenses.
However, this is not guaranteed, and may not completely satisfy all the costs encountered by the successful claimant or defendant.
Furthermore, the charges and expenses involved in contesting can depend upon:
- Whether the matter is resolved in or out of court.
- The intricacies and specifics of your claim and alleged entitlement.
- If the executor is willing and committed to reaching an agreement.
- The type of claim made.
At Falzon Legal, our commitment to sincerity, openness, and integrity means that at all times, you will be fully aware of your financial commitment — and your likelihood of success.
And, wherever possible, we will strive to reach a satisfactory conclusion through effective mediation — not just reducing your cost burden, but also most importantly, easing the stress, emotional heartache, and worry of the court process.
Falzon Legal — Our Commitment to You
Deciding to dispute a will is never an easy choice — raising doubts, concerns, and conflicting emotions.
Falzon Legal will be with you every step of the way.
Our specialist Wills and Estates legal team commit to deliver knowledgeable and expert advice built upon a foundation of vast experience. And relentlessly, we will provide support, understanding, and compassion.
It’s our mission to achieve a satisfying resolution that gives comfort to you, your family, and your loved ones. Striving to keep the process out of the court through effective negotiation and arbitration — we can minimise the emotional and financial burden.
Furthermore, we know that however just and principled your dispute — it remains a stressful prospect. We, therefore, strive for prompt and punctual communication — whether via email, telephone, or in person — always keeping you informed and aware of the contest’s progression.
Disputing a Last Will and Testament may initially appear a daunting prospect — but with Falzon Legal at your side, the process will be as smooth, professional, and reassuring as possible.
Disputed Wills & Solicitors FAQs
What Is the Evidence Needed To Contest a Will?
The evidence to dispute a will varies depending on the size of the estate, the type of claim, and whether probate has already been granted.
Your lawyer will advise on the exact information you need to supply, but generally speaking, you will need to obtain:
- A copy of the Last Will and Testament — if available.
- Value of the estate.
- Information of the type, value, and number of assets.
- Probate situation.
- Evidence of forgery, fraud, coercion, or influence.
- Your relationship to the deceased.
- Personal financial situation and dependency on the deceased.
How Can You Stop a Will Being Contested?
In brief, you can’t. Current NSW law permits any person, as long as they are eligible, to dispute a will. Their success, naturally, isn’t guaranteed.
However, using a specialist Wills and Estates lawyer to write your will — as opposed to using an off-the-shelf kit, online template, or Public Trustee (Trustee and Guardian in NSW) — offers greater protection against challenges and contests.
Is There a Time Limit To Contest a Will in Australia?
Under NSW legislation, any will disputes made through a Family Provision Application must be issued to the court within 12 months of the date of death of the deceased.
Can You Contest a Will in NSW After Probate?
Yes! In NSW, it’s a requirement that probate must be granted before making a dispute through the Family Provision route. You may start a claim before probate, yet no decision will be made until after the grant of probate.
How Long Does It Take To Dispute a Will?
It’s not a fast process. The time frame depends on the complexity of the claim, whether it’s defended, and if an agreement can be made through mediation. Generally speaking, out-of-court agreements take around six months, and two years for the matter to go to court.
A specialist will dispute lawyer will advise on the likely time frame of your particular claim.