Contesting a Will

Our legal team can ensure you achieve the outcome you deserve after contesting a will and that you receive your rightful entitlement of a will.

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Cost of a Lawyer

Why you need a family lawyer for contesting a will

Financial Assets

Providing advice on whether you have grounds to contest a will

If you are unsure whether or not you have been adequately provided for, you can discuss the matter with a lawyer to receive expert advice on how to proceed with the matter. We can determine whether or not you have legal grounds for any financial compensation not allocated to you in the will.

Timely Legal Services

Helping you make an application to the court

Contesting a will can be a complicated process. If you feel that you have been unfairly left out of a loved one’s will, we can help you make an application to the court to seek an order that you become properly provided for from the deceased’s estate.

Dispute Resolution

Fighting for what’s rightfully yours

Being left out of a will can be an upsetting experience during an emotional period of your life. We will do our best to ensure you achieve the outcome you deserve after contesting a will and receiving what you are rightfully entitled to by negotiating the best possible outcome for your future.

Frequently asked questions

Family provision applications allow eligible individuals to make an application to the court seeking a further portion of the deceased individual’s estate than what they were allocated under the will. The claim is based upon the premise that the deceased person did not make ‘adequate provision’ for the applicant’s ‘proper maintenance and support’.
Any of the following individuals can contest a will by bringing a family provision application:

- A spouse (including de facto spouse);
- Children (biological, adopted or step-child); or
- Dependents.
In order to contest a will by family provision application, an individual must provide notice to the executor to contest a will within six months of the deceased’s death. An application must be filed within nine months from the date of the death.
individual will need to show the following:

- The deceased individual failed to make adequate provision for the proper support and maintenance of the applicant. An applicant will need to show the court they have a greater need for more assets than what was provided in the will at the time of death; and
- The court will look at the applicant’s personal financial circumstances and consider whether they are in need of support.
To determine the basis for contesting a will, the court will take into account the following factors:

- The size of the deceased’s estate;
- The applicant’s financial position, age and health;
- The relationship between the applicant and the deceased;
- The support given by the deceased;
- Any discussions regarding intention within the will; and
- Any disproving conduct by the applicant
The validity of a will can be challenged after an individual passes away if:

- The individual did not have the mental capacity to make a will at the instance they signed it;
- The individual made the will under the influence of other people; or
- The claimant believes they are entitled to more from the deceased’s estate than what they received.

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you contest a will

Forge Legal’s family lawyers are specialists in all areas of family law and can assist you with contesting a will.

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Ask a Will and Estate lawyer?

Please contact us to find out more about how our award-winning and respected family lawyers can make a positive difference in your life.

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