What's happening?
Contesting a will can refer to a couple of different things — challenging whether the will itself is legally valid, or making a family provision claim on the basis that adequate provision has not been made for you. The right approach depends on the specific concern you have and your relationship to the deceased.
What could it mean for me?
- Claims relating to wills generally need to be brought within a set period, so prompt advice is important
- Not everyone is eligible to challenge a will or bring a family provision claim
- Contesting an estate can affect relationships with other family members and beneficiaries
- The costs of a contested estate matter can be significant and should be discussed early
What are my options?
- Seek advice on whether you have valid grounds to challenge the will's validity
- Consider whether a family provision claim may be available if you believe you have not been adequately provided for
- Explore whether the matter can be resolved through negotiation or mediation before court proceedings
What happens next?
- We discuss your relationship to the deceased and your concerns about the estate
- We advise on whether you may have grounds to challenge the will or bring a claim
- We advise on the general process and likely timeframes involved
- We represent you in negotiations or Supreme Court proceedings as required
How can MGE Lawyers help?
We advise people who believe a will is invalid, or that they have not been adequately provided for, on their options and the general process involved in contesting an estate in NSW.
We aim to explore negotiated outcomes where appropriate, while being ready to represent clients in Supreme Court proceedings if a resolution cannot be reached.