Challenge of Wills & Family Provisions Claims

A person with an interest in a deceased estate can challenge a Will in the Supreme Court if they believe it is not legally valid or if they have not been left any or adequate provision from the estate.

A person who is a beneficiary or who would be entitled to the estate if the person had died intestate may dispute the validity of a Will or make a claim for further provision from the estate.

Eligible persons are:

Ideally any challenge to the validity of a Will should be bought before Probate is granted. Consideration may be given to the filing of a probate caveat to prevent the court from issuing a grant of probate until the parties agree that the caveat can be removed or the court makes an order. Any claim for provision should also be bought as soon as possible and within 12 months of the date of the deceased passing.

Unlike ordinary civil claims, costs in contested estate cases are treated differently and the court will usually, not always, order the costs of any genuine claim be paid from the estate.

Contesting a Will and challenging an estate can be a lengthy and complicated process. We encourage you to contact us to discuss your options.

Phone: 02 4228 0084

Office: Level 1, Suite 43,
 26-28 Market Street
 
Wollongong NSW 2500