Contesting a Will

Sometimes a need to challenge a will arises when someone has not been adequately provided for or treated fairly in the deceased estate. The rules to contesting a will are complex and vary by state, which is why we would always recommend speaking with an expert about your situation.

Gerard Malouf & Partners are specialist Will Dispute Lawyers. We offer experienced, compassionate legal advice in New South Wales, Queensland, Victoria & the Australian Capital Territory for clients who are seeking to contest a will on a No Win No Fee basis*.

Our Unique 90 Day Complimentary Trial

We are proud of our history providing clients with maximum results, at minimum cost. When beginning their claim with Gerard Malouf & Partners, clients are offered a 90 day free trial of our legal services to ensure they feel comfortable working with our team and can move their case away if not satisfied.

No Win No Fee, Fixed Arrangement

To help eliminate financial exposure and risk for our clients, we offer a fixed fee agreement alongside our standard No Win No Fee arrangement. This agreement provides:

  • A simple, low-cost fixed fee agreed on up front, in writing before any work is undertaken.
  • Our legal services provided on a no win no fee basis
  • Reduced fees should the result be compromised.
  • Agreement to limit our professional fees to an agreed low %.

How To Contest A Will?

Contesting Wills’ Partner David Cossalter takes us through your rights and options to consider when contesting a will in the video below. Watch to learn about inheritance disputes, including when you can contest a will, who is eligible to contest a will and what you need to do to successfully dispute a will.

When Can You Dispute A Will?

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 sometimes leads to a grossly unfair scenario which can leave valued members of the family without any benefits. A will dispute lawyer can help you understand the situation better.

In Australia, contesting a will is allowed by law if there are good reasons based upon a number of matters. These conditions may vary by state but often to contest a will you are required to show:

  1. That the situation is grossly unfair.
  2. There are significant, reasonable financial needs
  3. That dependants were partially or fully financially dependant upon the deceased.
  4. Whether the deceased had the mental capacity to understand what he/she was doing or agreeing to.
  5. Whether the deceased was unduly influenced by another person prior to the signing of the will.

States in Australia follow different legislation when reviewing a will or estate dispute, but each of these basically involves questions around 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.

Who Can Contest A Will?

Wills can be contested by family members, defacto & same-sex partners, and anyone else that can demonstrate a close personal relationship or financial dependence on the deceased.

Contesting A Will: No Win No Fee Lawyers

We provide will contesting services on a no win no fee basis, supported by our unique service guarantee, and with a free, no-obligation initial consultation. Please contact GMP Contesting a Will Lawyers on 1800 004 878 for your initial consultation today.

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