Contested Wills and Estate Lawyers

Choose a caring team of expert family lawyers

At Armstrong Legal we’re expert lawyers specialising in contested wills and estates law in NSW. Our aim is to help you understand and feel more in control of your situation. Working together with our partners at Watts McCray Lawyers we can help support you in contesting and defending wills and estates.

The combined teams understand the stressful and emotional nature of losing a loved one and navigating the complexities of their estates afterwards. The benefit we provide to our clients is a caring suite of experts that work hard to get the best outcomes while avoiding long and expensive court battles.

Dedicated contested wills lawyers

Armstrong Legal lawyers are expert wills and estates lawyers specialising in contesting and defending wills and estate distributions in NSW. Handling the intricacies of contested wills and estates can be both complex and emotionally draining, especially following on from the death of a loved one.

You need knowledgeable advice and clear information on the most effective strategies for contesting a will, defending against a will or managing complicated estate administration issues. AL’s experienced legal team will guide you through the process and safeguard your interests.

Contested wills and estates services

1. Challenging a will
   Expert legal advice and representation for those seeking to challenge the validity of a will.
2. Contesting a will
   Comprehensive support and guidance for individuals wanting to make or defend a family provision claim.
3. Deceased estates
   ACWE handle the administration, dispute resolution and asset distribution of deceased estates with sensitivity and professionalism.
4. Executors
   We assist executors in fulfilling their duties, managing the estate and navigating all legal complexities.
5. Intestacy
   Specialised legal services for cases where a person dies without a will (intestate), to ensure the proper distribution of all assets under NSW law.
6. Probate
   ACWE streamline the process of obtaining legal authority to administer the deceased’s estate and assist in navigating the process.

How do you contest a will in New South Wales?

1. Validity challenge
   If suspect that will is invalid, whether due to lack of testamentary capacity, undue influence or fraud, you may be entitled to challenge the validity of their will. When you make this challenge, you’re asking for the entire will to be declared invalid.
2. Family provision claim
   If you feel that you’ve been left without adequate provision under a will, then you may be eligible to make family provision claim by applying to the Supreme Court of NSW.

Grounds for challenging a will in NSW

Some of the grounds for challenging the validity of a will include:

• Lack of testamentary capacity – where the will maker lacks the mental capacity to understand the significance or implications of the will when they execute it.
• Fraud – where the will was procured by fraudulent behaviour.
• Undue influence – where the testator was forced or coerced to make the will in a particular way.
• Forgery – where the will signed by someone else forging the testator’s signature.
• Lack of knowledge and approval – where the testator didn’t know or approve the contents of the will.

Time limits for challenging the validity of a will in NSW

There’s no time limit for challenging the validity of a will in NSW. Even once probate has been granted, you are permitted to bring a challenge. However, it will be more difficult to convince the Court to revoke the grant of probate and you will have to explain why you delayed in acting.

If you are considering challenging a will it’s best to act as soon as possible, prior to a grant being
made in the estate.

Commonly asked questions about contested wills and estates

Who can challenge the validity of a will in NSW?
A person is entitled to challenge the validity of a will in NSW if they are:

1. A beneficiary or executor named by the deceased in a previous will; or
2. A person who would have otherwise been entitled to the estate under intestacy laws.

Do you need a lawyer to contest a will?
While it’s not legally required to have a lawyer to contest a will, it is highly advisable. An expert
wills and estates lawyer can provide you with expert advice and guidance that is tailored to your unique situation. And they can increase your chances of a favourable outcome while helping you resolve your case more quickly.

Who can make a family provision claim in NSW?

In NSW, the following persons are eligible to make claims for provision, or further provision, out of a deceased’s estate:

1. a person who was the spouse of the deceased person at the time of the deceased person’s death,
2. a person with whom the deceased person was living in a de facto relationship at the time of the deceased person’s death,
3. a child of the deceased person,
4. a former spouse of the deceased person,
5. a grandchild of the deceased who was wholly or partly dependent on the deceased at any time;
6. A person who was, at any time, a member of the deceased’s household who was also wholly or partly dependent on the deceased; or
7. a person with whom the deceased person was living in a close personal relationship at the time of the deceased person’s death.

What is the time limit for making a family provision claim?

In NSW a family provision claim must be commenced in the Supreme Court of NSW within 12 months of the deceased’s death. There are circumstances where the court will grant an extension of time to a person making a claim outside of the 12-month limitation period, however it is best to act as soon as possible when considering making a claim under family provision legislation.

About Armstrong Legal, Contested Estates Lawyers

Armstrong Legal is a leader in its field, which is why we have chosen to partner up to offer quality wills and estates services. Armstrong Legal Contested Estates Lawyers offer a sensitive, professional and experienced legal service to clients in their time of need. The team will negotiate on your behalf and if the matter cannot be resolved, will advocate for you in court.

Deferred Fee and Contingent Fees

In certain cases, Armstrong Legal acts for clients on deferred fee (sometimes referred to as “Pay at End”) and contingency arrangements (sometimes referred to as “No Win No Fee”). This is strictly on a case by case basis and is not available for all enquiries. Armstrong Legal provide obligation-free assessments of most estates enquiries and when you speak to one of our specialists, they will discuss the possible fee arrangements that are available to you.