Contesting Wills Lawyers

GMP Contesting Wills Lawyers ( a division of Gerard Malouf & Partners) offers experienced, compassionate legal advice throughout NSW, QLD & Australia; for those seeking too contest an unfair will or dispute an estate.

Understanding the Law

The law generally recognises a person's right to make a Will that is unfettered by the normal constraints as to what is fair. However, this situation sometimes leads to a grossly unfair last Will and Testament which can leave valued members of the family without any benefits.

The law, does allow a Will to be challenged if there are good reasons based upon a number of matters including:-

1. Whether or not the Will is grossly unfair;
2. Whether there are financial needs of "family members";
3. Whether there a dependants who were partially or fully financially dependant upon the deceased;
4. Whether the deceased had the mental capacity to understand what he/she was doing;
5. Alternatively, if a deceased did not have the mental capacity to understand what he or she was doing when drafting the Will there may be a basis to bring a claim to challenge a beneficiaries share;
6. Alternatively, there may be an application made that the Executor was unduly influenced by another person prior to the signing of the Will and that it in fact did not reflect that persons true wishes. This is known as an undue influence claim;

In New South Wales, which is an example of the type of legislation that is available in other states, the Family Provision Act, 1982 and amendments relating thereto governs the questions of fairness and probity when dealing with the wishes of the deceased. It basically involves questions of fairness, the capacity of the deceased, the financial dependency of those parties that may be entitled to some of the deceased's estate and other relevant matters depending on the facts of each particular matter.

The law in most states recognises that defacto or same sex partners or anyone else who can show that they had some or all of the criteria mentioned above has an ability to challenge a Will that is unfair.

GMP Contesting Wills Lawyers, "No Win-No Fee" Scheme (subject to terms and conditions as discussed with each individual) is available for Wills and Probate Disputes. Our expert team of litigation specialists will assist you notwithstanding your poor financial position that might normally preclude you from bringing costly legal proceedings.

We provide a service on a "No Win No Fee" basis* and your first consultation is provided FREE.

Contact us on 1800 004 878 and we will arrange an appointment for you at a GMP Contesting Wills Lawyers office convenient to you.

* = For our legal cost, other costs become clients liability

You are Welcome
to Email Us:

Or Contact your nearest
GMP Office:

Sydney
02 9630 4122

Newcastle
1300 768 780

New South Wales
1800 004 878

Brisbane
1300 768 780

Queensland
1800 004 878

All Australian States
1800 004 878

How do we provide service throughout Australia?

GMP has offices throughout Sydney, NSW, Brisbane & Qeensland and services all other areas by appointment.