Defending a Will when the majority of the deceased estate is located in NSW
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, our Contested Wills & Estates Team 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 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.
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 Contested Wills & Estates 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 for a free appraisal. or send us a message using the form on the bottom of this page.
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.
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.
3. Is time a factor when it comes to defending a Will?
After 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 more information about the time limits give our Contested Wills & Estates Team a call or send us a message using the form on the bottom of this page.
Turnbull Hill Lawyers are the most supportive firm I have dealt with on legal matters. Every time I thought hope was lost, the team sought to approach my case with care and thought to engage a positive outcome. I highly recommend this firm and am grateful more than words for the time and effort each member put into getting the best outcome for my family at a very challenging time.
TJ – May 2022
I would like to thank you and the team at Turnbull Hill Lawyers for your professional manner and time and efforts in resolving this matter. We would not hesitate in recommending your company.
MB – December 2020
I contacted Turnbull Hill Lawyers in 2017 seeking legal representation. I have nothing but the highest regard and gratitude for Adrian Corbould who was my acting lawyer in contesting my fathers will, I could not have asked for better!
TP – August 2020
Turnbull Hill Lawyers were an amazing team to work with. They were always available with answers which they communicated in language that the non-lawyer could understand. I would highly recommend Turnbull Hill Lawyers and I would have no hesitation to use them again.
JB – September 2020
Get Help
Please provide details regarding your matter so we can assist you.
We respond in 24 hours or less!*
*During regular business hours
Liability limited by a scheme approved under Professional Standards Legislation