Contesting a Will
We are specialists when it comes to challenging or contesting Wills and estates. This is a growing and complex area of the law and it’s critical to have experts in your corner and the right strategies in place in order to maximise your chances of getting the best outcomes.
Our job is to help square the ledger – to right the wrongs when someone dies. We act both for those who have been wrongfully left out of Wills and also for those who need to protect their inheritance from wrongful attacks.
How we help our clients
- Advice on who can contest and on what grounds
- How best to contest the Will or estate
- The right strategies when it comes to contesting
- A clear outline of the process
- Realistic expectations on the scenarios and outcomes
- Tailored advice given your unique circumstances
- Guidance and representation through the whole challenge process
Looking to contest a Will or looking to defend a challenge?
If you feel you’ve been left out of a Will or an estate or have been left with an uneven or unfair portion of an inheritance, we’re here to help with the answers you need and the best strategies for you to help right the wrongs or defend a challenge from the other side.
The most common scenarios we help clients with include:
- Clients who have been completely or partially excluded
- Defending a challenge and protecting what you have been left
- Inequities or inadequacies amongst beneficiaries
- Issues surrounding defacto, or step-parents and step-children claims
- Assets that bypass a client and go straight to the next generation
- Failure to account for historical commercial transactions or current asset valuations
- Disputes over business and farming interests
- Questions over the validity of a Will, how mentally fit the Will writer was at the time of writing or undue influence or unconscionable conduct
- Disabled or special needs beneficiaries claims
Contesting a Will or an estate is a complex and delicate process and you need the right legal advice and the right legal team on side who are experts in this field.
It is increasingly complex given the ever-changing nature of the law and the growing size and complexity of modern-day estates. Society and family dynamics are also more complex these days with a growing number of blended families, dependent adult children and grandchildren, defacto marriages causing great difficulties in how families divide estates. Added to this, the complexities of today’s common business structures and asset pools and the sheer size of the wealth housed in many estates all cause new precedents and benchmarks being set regularly that redefine the legal landscape.
Employing the right strategies is particularly important given the fragility of many family relationships at a time of great stress and loss.
Just as every family is unique, so too is every claim, every beneficiary and every challenge to a Will or an estate. We tailor strategies to your particular needs and have great experience in defending and challenging estates of every type and scale. You cannot apply a simple ‘cookie-cutter’ approach to these matters and they require insight and deep knowledge and sensitivity to pursue the best and most cost effective outcomes.
Estate disputes and how we can help
Book your free 15 min consultation
Discussing your situation over the phone is often the best way to start, and we’re pleased to offer all new and existing clients a free 15 minute phone consultation for every new matter. It’s a great opportunity to let us know more about the assistance you’re looking for, clarify your situation and walk you through how best we can help and what’s involved.