Contesting a Will

If you believe you have been left out of a Will or may have a claim to an Estate, we can help.

We has extensive experience in this field and will assist you every step of the way whether the claim is to determine whether a Will is valid or whether there was undue influence placed upon the deceased in the making of the Will.

A valid Will is the last Will made by the deceased, is executed in accordance with formal requirements of the Act, is unaltered after signing and was not made under any undue influence.  The Will maker must also have the testamentary capacity to make the Will.

You should be aware that the Court will only over-rule a Will on the grounds of undue influence if it is satisfied the deceased was coerced to such an extent that the Will was contrary to the deceased's real intentions. Evidence of such coercion would be obvious where the person who prepared the Will stood to benefit from it. The Court will require supporting evidence to prove a claim of undue influence.

Because this is a claim that should not be brought lightly, we can provide you with experienced advice.

The Courts are also empowered to interpret Wills made or contested and also make Family Provision Orders to ensure that adequate provision is made for eligible persons.

There are also many other considerations, such as time limits, de-facto relationships and mediation.

Call today to arrange an appointment with us to discuss your concerns.