Will and Estate Disputes

If you believe that you have been unfairly treated or left out of a Will, AJB Stevens can help.

99%

Success Rate

5

Languages Spoken

2

Convenient Locations

Video

Conferencing Available

Specialist Will & Estate Lawyers

Divorce

Challenge an Invalid Will

If you believe a Will was not properly made, or is invalid in some way, we can advise you
Property Settlements

Resolve Will Disputes

Resolve conflict over a loved one’s Will
Parenting Orders

Contest a Will

If you have been left out of a Will or believe you have not been fairly treated, we can help
Financial Agreements

Contest Without a Will

If there was no Will, but you still think you have been unfairly treated, get in touch

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?

If you have answered yes to any of these questions, then you may be entitled to make a claim, 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.

Request a Consultation

Complete our online enquiry form below and speak with an experienced Senior Lawyer today.

How Can AJB Stevens Help Me With My Will?

Each Will and Estate case is different and unique in its own right. Seeking the help of AJB Stevens will ensure that you receive the compensation and legal help and advice that you deserve.

Contest a Will

If you believe you have been unfairly treated or left out of a Will, AJB Stevens will be able to help you receive the entitlements you deserve.

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

If you believe that there was something wrong with the drafting/execution of the Will itself, AJB Stevens can help. 

Inheritance Disputes

If you believe that you have not received the inheritance you deserve the AJB Stevens team will help to ensure your voice is heard and you receive what is rightfully yours.

Dispute Resolution

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.

Adhere to Will Time Limits

Time limits may apply to your Will. This is especially true if you are contesting a Will. Working with a specialist team will ensure you meet all deadlines.

Frequently Asked Questions

What are some common examples of Will and Estate Law?
Will and Estate Law is extremely complex and difficult to understand without the proper experience. As Australian family situations become more complicated so does the law. Below are a few examples of common Family Law situations.

– 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?
There are many reasons why a person would want to 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 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?
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 seek compensation through negotiations. If negotiations do not work then we will help you through the Court process.
How long does it take to process a claim?
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.

Why Choose us?

At AJB Stevens, we work to help protect your legal rights. Our ability to offer each and every one of our clients professional and personalised service means we work hard to help win your case. Our directors are personally involved in each case so you can rest assured that a senior team member is always prioritising your case.

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

Adrian Barakat - Personal Injury Law Specialist

Adrian Barakat

Director

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.

“The team at AJB Stevens Lawyer have been nothing short of amazing. They played a pivotal role in my compensation claim and I would highly recommend their services for clients like myself” – Khoa, Canley Vale