Defending a Will in NSW

Defending a Will

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 and appreciate that you will want it to go away as soon as possible. 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. Our goal is to ensure our clients are treated fairly and a favourable outcome is reached in the shortest possible time.

The number of blended 'large' 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 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 Will Defence process is smooth, stress-free and swift, to give our clients freedom to focus on other important tasks, like organising the funeral and managing the requests of the beneficiaries.

Contesting a Will

Our Contested Wills & Estates Team, headed by Warwick Gilbertson, has been helping clients defend and contest Wills across NSW since 1969. We have a deep understanding of both sides of the law when it comes to defending a Will or contesting a Will, which is one of the reasons why we are able to consistently deliver favourable outcomes to our clients. We take pride in our work and are passionate about ensuring our clients are treated fairly, whether they are defending their rightful inheritance or contesting an Estate in which they were not fairly provisioned for. Whatever situation you may be in, if it involves a Will Contest or Will Defence, call us for a free appraisal and we'll be able to help!



Call 1800 707 222 - Turnbull Hill Lawyers in Newcastle

Need more information about Defending a Will in NSW?

Check out our Q&As listed below or give us a call.



Questions

 

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?

 
 
 

Answers

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

Free Appraisal Call NowThe legal costs associated with defending a Will almost certainly will be paid for out of the Estate. The Executor will 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. Therefore, if a Will Contest or Will Challenge does arise, the Executor shouldn't be worried about the legal costs required to defend it.

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. Because we've helped hundreds of clients in similar situations, we 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 written Costs Agreement and a written Costs Disclosure Notice that are both written in plain English. These documents provide 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. If the person is found, at this stage, to be ineligible, their claim will be dismissed.

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. It the family provision claim has been made outside the time limit there is a good chance 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 quickly determine whether or not it's likely an extension will be granted, and if so, we will prepare the Executor for that outcome.

To find out what the time limit is for contesting a Will, click here.



Call 1800 707 222 - Turnbull Hill Lawyers in Newcastle