Contesting a Will
GMP Contesting a Will (a division of Gerard Malouf & Partners Compensation, Medical Negligence & Will Disputes Lawyers) offers experienced, compassionate legal advice throughout NSW, Queensland & Australia Wide; for will disputes on a No Win No fee basis*.
Contesting a Will 90 Day Complimentary Trial
Our will contest lawyers are so confident in our ability to contesting wills and add value to your case and obtain you the maximum result at minimum cost, that we are prepared to provide you with a 90 day free trial of our legal services to establish our professionalism and competence.
*** NEW FIXED FEE ARRANGEMENT ***
We are excited and delighted to introduce a FIXED FEE ARRANGEMENT that will reduce or eliminate the financial exposure and risks for our will and inheritance dispute clients.
- a simple low-cost fixed fee arrangement negotiated and discussed up front in writing before any work is undertaken.
- No win no fee arrangement.
- Reduced fees should the result be compromised.
- Agreement to limit our professional fees to an agreed low %.
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 scenario which can leave valued members of the family without any benefits. A will lawyer can help you understand the situation better.
Contesting a Will in NSW & QLD is allowed by law if there are good reasons based upon a number of matters including:-
- Whether or not the situation is grossly unfair;
- Whether there are financial needs of “family members”;
- Whether there a dependants who were partially or fully financially dependant upon the deceased;
- Whether the deceased had the mental capacity to understand what he/she was doing;
- Alternatively, if a deceased did not have the mental capacity to understand what he or she was doing when drafting the document may be a basis to bring a claim to dispute a beneficiaries share;
- Alternatively, there may be an application made that the Executor was unduly influenced by another person prior to the signing of the document and that it in fact did not reflect that persons true wishes. This is known as an undue influence claim;
In NSW, which is an example of the type of legislation that is available in other states including Queensland, the Succession Act 2006 and the Family Provision Claim 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 estate disputes in NSW & QLD 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.
Our “No Win-No Fee” option (subject to terms and conditions as discussed with each individual) is available for Estate Disputes. Our expert team of contesting a will lawyers and will dispute lawyers will assist you notwithstanding your poor financial position that might normally preclude you from bringing costly legal proceedings.
Please watch the Law Talk video with GMP Lawyers Managing Partner Reg Kolokossian.
Contesting a Will No Win No Fee* your first consultation is provided FREE
Please 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 represent you on a No Win No Fee basis supported by our 90 Day Complimentary Trial & Unique Service Guarantee.
* = For our legal cost, other costs become clients liability