New South Wales Queensland Victoria


Defending a Will

No Win, No FeeDefending a Will in NSW, QLD & VIC

If you are an Executor, a beneficiary, or someone who has unfortunately been bereaved, the last thing you will want to think about in this time of heartache is someone contesting or challenging the deceased's Will. We understand that this can be a very difficult situation.

At Turnbull Hill Lawyers, we are on hand to offer you the advice and support you need to overcome these challenges and move on with your life.

The number of blended families in Australia has been increasing every year, along with an increased number of Will Contests and Challenges. This is why it's vital for Executors to be prepared for these situations, should they occur, by having access to the best legal advice available. The laws in New South Wales (NSW), Queensland (QLD) or Victoria (VIC) that govern these situations can be quite complex, so it helps to have an experienced team with a successful track record in your corner.

Without proper legal advice, defending a Will can be an exhaustive and stressful process, that has the potential to drag out for many months. We work hard to ensure the process is smooth and as stress-free as possible.


1. How much does it cost to defend a Will?

2. What is the first step in defending a Will?

3. Is time a factor when it comes to defending a Will?


1. How much does it cost to defend a Will?

In most situations, the legal costs associated with defending a Will are paid for out of the Estate. The Executor will generally not be liable for any legal costs during the process, aside from those that will come out of the Estate once a favourable outcome has been reached.

In any event, our team will advise you on the estimated legal costs to defend the claim, and will provide further information about how those costs are likely to be calculated throughout the process. We've helped hundreds of clients in similar situations, we therefore have a very good understanding of the legal costs involved and are therefore able to provide accurate estimations. To discuss your situation please give us a call on 1800 707 222 for a free appraisal.

Once an Executor has engaged our services to defend a Will, we will provide them with a Costs Agreement that is written in plain English, providing total transparency and clarity about any costs.

2. What is the first step in defending a Will?

The first step in defending a Will is determining if the person (or persons) contesting or challenging the Will is legally eligible to make any claim upon the deceased's Estate. In some cases we can quickly determine the person's eligibility by looking at the evidence.

To find out who is eligible to contest a Will, click here.

3. Is time a factor when it comes to defending a Will?

Time to defend a willAfter we have determined the person's eligibility (see above), we will also determine if the Will Contest or Will Challenge has been made within the prescribed time limit or outside it. If the family provision claim has been made outside the time limit there is a possibility the claim will be dismissed by the Court. However, if the person contesting or challenging has sufficient evidence, there is a chance the Judge may grant an extension of time. By looking at the evidence in question we will be able to determine whether or not it's likely an extension will be granted.

To find out what the time limit is for contesting a Will, click here or call us on 1800 707 222.

Our Contested Wills & Estates Team

For a Free Appraisal call 1800 707 222

Defending a Will Lawyers in NSW

Call 1800 707 222 - Turnbull Hill Lawyers in NSW, QLD & VIC

Are you an Executor of an Estate who is in need of legal advice and support? Call us today on 1800 707 222 to discuss your situation. We service New South Wales (NSW), Queensland (QLD) and Victoria (VIC). You can call us anytime 24 hours a day, 7 days a week.

For further information on these topics, check out the following pages:


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