Contesting a Will Lawyers - Contest a Will

GMP Contesting Wills Lawyers ( a division of Gerard Malouf & Partners) offers experienced, compassionate legal advice throughout New South Wales, Victoria, Queensland & Australia Wide; for those seeking too contest an unfair will or dispute an estate on a  No Win No fee basis*.

Contesting a Will - 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 contested 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 contest 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 Succession Act 2006 and the Family Provisions 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 for contesting a will 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 contest a Will that is unfair.

GMP Contesting a Will 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 will Contest a Will on a "No Win No Fee" basis* and your first consultation is provided FREE

Dont Delay, contact GMP Contesting a Will Lawyers on 1800 004 878 and we will arrange an appointment at an office convenient to you. Your First Consultation is Free and we will contest a will on a No Win No Fee basis supported by our Unique Service Guarantee.

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