Contesting a Will Step 2: Gather Case Evidence

The next step to successfully contest a will is gathering strong case evidence.

To be successful in contesting a will in NSW the evidence needs to reflect the legal criteria that must be proved in these types of cases.

Legally relevant evidence

Accurate and detailed relevant evidence, facts and addressing the correct legal principles, needs to be proved when contesting a will. Without this, the claim may well fail.

Judges are not fooled by evidence that does not address the correct legal issues. In court, this type of evidence will be given little weight in a judge’s deliberations.

Failure to gather the correct case evidence often results in unsuccessful will disputes. In a recent NSW Supreme Court case, for example, the person making a family provision claim order against his mother’s Estate failed to provide all information concerning his financial and material affairs to the Court and was unsuccessful.

Thorough case preparation

You can rest assured that our specialist firm has never lost a will dispute case at court due to poor preparation.

Gathering case evidence that results in a successful case requires a specialised will dispute lawyer or solicitor with excellent knowledge of the nature of the evidence that needs to be put before a judge.

Gathering strong evidence quickly

At GMP Contest a Will Lawyers, we have a strict policy of gathering strong case evidence in the first few weeks of our firm commencing a case. The advantage of this is that it puts your case in a stronger position and it often leads to early settlement negotiations being initiated by the other side.

Checklist: Relevant contesting a will evidence

To enable us to prepare a strong case, it’s important for us to have as much information as possible, including the following:

1.      A short summary of your close relationship with the deceased and details of any financial support given to you over the years.

2.      Details of assets, their source and their location, state wise, acquired during the deceased’s life. Also: confirmation of the net assets of the estate, how they are held (e.g. cash, property, shares) and in what names (or what entities if not held personally).

3.      Summary of your own assets and liabilities and needs for financial assistance. Do you have debts? If so, how much? Do you need money for education, your career or your business?

4.      Relevant summary, including supporting evidence, of why you expected to be left funds. Did you provide household assistance and services for the deceased and were you promised any financial benefits? If so, provide details.

5.      A copy of the will, if available, or advice where we can obtain a copy.

6.      Details of any of the beneficiaries.

7.      Information about the financial status of the beneficiaries, if known.

8.      Details of the executor/executrix.

9.      Date of death.

10.   Date of probate, if probate has been received or granted.

11.   Name and contact details of the estate's lawyers, if known.

12.   Any issue as to testamentary mental capacity. For example, did the deceased have dementia or show signs of mental incompetence around or prior to finalising his or her will?

13.   Your full name, postal address and relevant phone numbers for contacting you.

Get us on your side

Put GMP on your side if you need experienced lawyers for your will or inheritance claim. We pride ourselves on our experts’ assertive legal skills, honed as a result of successfully running thousands of similar claims.

We will Contest  a Will on a "No Win No Fee" basis*

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 contest wills on a No Win No Fee basis supported by our Unique Service Guarantee.

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