Specialist Will & Estate Lawyers
Challenge an Invalid Will
Resolve Will Disputes
Contest a Will
Contest Without a Will
Do I Need Legal Help?
Have you or a loved one been unfairly treated or been left out of a Will completely?
In the absence of a Will, are you concerned about your entitlements?
Are you looking to find out more about Testamentary Trusts, Power of Attorney or an Enduring Guardian?
Request a Consultation
How Can AJB Stevens Help Me With My Will?
Contest a Will
Contesting Without a Will
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.
Grounds to Challenge a Will
Adhere to Will Time Limits
Frequently Asked Questions
What are some common examples of Will and Estate Law?
– Drafting a legal Will
– Changing and updating a Will
– Contesting a Will
– Will Disputes
– Estate Planning
– Appointing a Power of Attorney
– Enduring Guardianship
– Estate Administration
How do I contest a Will?
Your legal team will help you establish:
– If the deceased was a close relative (parent, spouse guardian or dependant) who did not adequately provide for you.
– If the Will is not legally valid.
– If the deceased was not legally or mentally able to make a valid Will.
– If the deceased was pressured or threatened to sign a Will.
What does it mean to challenge or dispute a Will?
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:
- Contesting a Will
- Challenging a Will as improperly made or executed
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:
- The person signing it was mentally incapable of doing so, or
- It was signed under duress or undue influence, or
- There was fraud involved
Am I eligible to contest a Will?
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:
- their spouse;
- their de facto partner;
- their child;
- their former spouse;
- a person who was, at any particular time, wholly or partly dependent on them;
- a person who is a grandchild of them or was, at that particular time or at any other time, a member of their household;
- a person who was living in a close personal relationship with them at the time of their death
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.
Can I contest an estate even if there was no Will?
Yes. Where there is no Will, the property and assets of the deceased (their ‘estate’), are distributed according to the ‘intestacy rules’ set out in the Succession Act 2006 (NSW). If you consider that these ‘default rules’ do not provide fairly for you, you may contest the application of them in your case.
What is the process when you make a claim with AJB Stevens?
How long does it take to process a claim?
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.
Why Choose us?
2 Convenient Locations & Video Conferencing Available
No Win, No Fee Compensation Representation (where applicable)
A Lawyer is always available to speak to you
Ability to use Resolution Plus+ our case management system
We speak your language, our lawyers are fluent in 5 different languages
How can we help?
Each Will and Estate Dispute 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.