4 tips for finding the right contesting wills lawyer

Published 24 Feb 2015

When a loved one dies, it is often a traumatic experience and the thought of challenging their will may be the last thing on your mind.

However, under NSW legislation, anyone writing a will must take into account certain people when outlining instructions for the distribution of their assets, including spouses, children and de-facto partners.

If you are an eligible person and you feel that you have not been adequately provided for in the deceased’s will, you can pursue a family provision claim. The first step in this process is to find the right legal representation to guide you through the state’s laws and gather evidence to support your inheritance dispute.

But how do you identify which law firm to hire? Here are some tips on what you should look for when considering the available options.

1. Where are they based?

It is important to find a contesting wills lawyer with extensive knowledge of the state’s succession legislation. This is why a NSW-based company is typically recommended if there is a possibility your case could end up in front of the courts.

Not only will they be familiar with local processes, they are likely to have previous experience dealing with regional mediators, judges and other law firms.

2. Success rate

While it may seem obvious, checking a firm’s success rate in inheritance disputes should give you an excellent idea of the service quality on offer.

For example, GMP Contesting Wills Lawyers has won 98 per cent of its cases, showing we have a proven track record of achieving our clients’ desired outcomes.

3. Specialist expertise

You should seek a lawyer that specialises in family provision claims and other will disputes. Some all-purpose legal firms have an estate planning department, but do they have specific experience across hundreds of cases similar to yours?

The best contesting wills lawyers keep up to date with all the latest developments in succession and family provision decisions, and then use this information to help you win your case.

4. A no-win, no-fee guarantee

Many law firms may offer a no-win, no-fee payment structure. However, there is often a huge difference between organisations as to what this actually means.

Try to find lawyers that truly stand by this claim. At GMP, we provide a written guarantee to reduce costs based on client satisfaction levels – a unique offering among our professional peers.

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