If you have been unfairly treated, or you have been left out of a Will altogether, AJB Stevens can help.
At AJB Stevens, we’re a dynamic law firm that puts your needs first. We pride ourselves on our personalised and professional service and our compassionate team will develop the best strategy to get you the best results.
If you believe a Will was not properly made, or is invalid in some way, we can advise you
If your loved one had a Will, but you believe you have been unfairly treated in that Will, we can help
If there was no Will, but you still think you have been unfairly treated, get in touch
Resolve conflict over a loved one’s Will
If you have answered yes to any of these questions, then you may be able to challenge a Will and the Wills and Estate team at AJB Stevens can help you. At AJB Stevens, our lawyers are the experts and industry leaders in challenging and contesting wills. Contact us today to see how we can help you.
Each Will and Estate case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive what you are owed and get the legal help advice that you deserve.
If there is a Will, but you believe you have been unfairly treated or left out of it altogether, AJB Stevens will be able to help you receive your fair entitlements.
If there is no Will, rules set out in legislation determine who gets what. If you think that those rules result in an unfair outcome for you, we may be able to help.
You may believe that there was something wrong with the drafting/execution of the Will itself. For example, you may consider that your loved one was incapable of producing a Will at the time, or that there was undue fraud or pressure in its creation
Not all disputes need to go to court. The AJB Stevens team can ensure your voice is heard both inside and outside of the courtroom.
Time limits may apply to the contesting or challenging of a Will. Working with a specialist team will ensure you meet all deadlines.
Each Will and Estate case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive what you are owed and get the legal help advice that you deserve.
Complete our online enquiry form below and speak with an experienced Senior Lawyer today.
If you have been unfairly treated, or you have been left out of a Will altogether, AJB Stevens can help.
Each Divorce and Separation case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the compensation and entitlements you deserve to help get your life back on track.
The law relating to the dispute or challenge of a Will is extremely complex and difficult to understand without the proper experience. As Australian family situations become more complicated, so does the law. Generally speaking, Wills can be disputed in two key ways:
A Will can be ‘contested’ where you believe that a Will does not provide for you or does not provide you with a fair entitlement. Sometimes in New South Wales, this is called a ‘family provision claim’. Note, you need to be an eligible person as defined in the law to make this type of claim
A Will can also be challenged on the grounds that:
There are many reasons why a person might want to challenge or contest a Will. The main reasons include being left out of a Will or if a person has been unfairly provided for. If you believe this has happened to you or a loved one, then seek legal help as soon as possible.
Your legal team will help you establish:
If there is a Will for your loved one, but the Will does not provide for you, or you believe it provides you with unfair provision, you can ‘contest’ that Will. Sometimes in New South Wales, this is called a ‘family provision’ claim. Note, you need to be an eligible person as defined in the law to make this type of claim.
Section 57 of the Succession Act 2006 (NSW) sets out strict criteria as to who is able to contest a Will under that Act. These people, in relation to the deceased, are:
Note that being eligible to make this claim does not mean that you will be successful. Success requires satisfying the court that there was not ‘adequate provision’ made.
Yes. If you consider that the Will does not fairly provide for you and you meet eligibility criteria as defined in the law.
The amount that you will receive will depend on your circumstances, the circumstances of the estate and anyone else who may be entitled to provision.
The court will only make an order for provision out of the estate where the court judged that it ought to be made for the “maintenance, education or advancement in life of the eligible person, having regard to the facts known to the Court at the time the order is made.” This is a discretionary exercise and the court does not have to make an order or order any particular amount.
The court will consider the following factors:
Yes. Where there is no will, the situation is called ‘intestacy’ and is governed by ‘intestacy rules’ set out in the Succession Act 2006 (NSW). Under section 59(1) of that Act, you can contest the amount that you would be awarded under the intestacy rules under section 59(1) of that Act.
Yes. Under the Succession Act 2006 (NSW), you have 12 months to bring a ‘family provision’ claim, contesting that you were sufficiently provided for in the Will. This means you have 12 months to actually start the legal proceedings in a court.
If you wish to challenge the validity of a Will, there is no strict time limit for doing so. However, it is recommended that you do so before ‘probate’ is granted, or if probate has been granted, before the estate is distributed as you are less likely to succeed if that has already occurred. This is a process where the Court determines that the Will is, in fact, the final and valid Will of the deceased. The executor of the estate must apply for this within six months of the death of the deceased.
If in doubt, you should ring the court to determine if probate has been granted and, if you are considering challenging the validity of the Will, lodge a ‘probate caveat’, to stop probate being granted.
Yes, under section 58(2), the court can allow an eligible person to contest the will for lack of family provision under the Succession Act 2006. However, you will need to show the court “sufficient cause” for why you couldn’t bring your case in time. In such a case the court will always consider whether the lateness of your claim might be prejudicial to other beneficiaries of the Will.
Yes. You can challenge a will in NSW where the assets that constitute the estate are located in NSW. That is the state where probate will be granted (see section 40 of the Probate and Administration Act 1898).
Yes. You will need to engage a lawyer to challenge the will on your behalf in NSW.
This depends on a range of factors. If your challenge is successful, it is possible that the costs will be paid out of the estate, but it is not guaranteed. For more information on payment for fees, get in touch with us.
Talk with us about the possibility of challenging a will on a ‘no win, no fee’ basis.
When you work with AJB Stevens, the Family Law process could not be easier. Our top lawyers will assess your situation to ensure that you have a solid case. From here, we will look further into your situation, taking care to ensure we have all the information we need. Once all information is gathered, we will work to get you what you deserve, through negotiations. If negotiations do not work, then we will help you through the Court process.
This all depends on your case. Will and Estate claims can take anywhere from one to three years however this may take longer depending on your situation.
Your appointed AJB Stevens lawyer will be able to give you an estimate of how long things will take to progress and for you to receive entitlements, always making sure you are updated with any changes.
If you have been unfairly treated, or you have been left out of a Will altogether, AJB Stevens can help.
If there was no Will, but you believe you are not getting what you are entitled to, AJB Stevens can help.
If you believe that you have been unfairly treated or left out of a Will, AJB Stevens can help.
We pride ourselves on personalised and professional services to protect your rights. Our focus is your case and how we will win.
Level 9, 287 Elizabeth Street
SYDNEY NSW 2000
Level 9, 287 Elizabeth Street
SYDNEY NSW 2000
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