3 things to remember when seeking a lawyer to contest a will

Date: Jul 14, 2020

In an effort to prepare his or her family members in the event of passing away, someone may put together a last will and testament. This legal document puts one person in charge of distributing the property and estate of the deceased. The process isn't always smooth sailing, however – some people may contest the will, or file lawsuits to argue or invalidate the demands stated within the document.

If this scenario sounds like your current situation, seeking legal support during this time can be highly beneficial. Here are three things to remember when seeking a lawyer to contest a will:

1. You may not be entitled to contest the will

Contesting a will isn't as easily pursued as you may think. According to The Family Provisions Act 1982, there are only certain people who are eligible to do so. Those individuals include the husband or wife, former husband or wife, or the child of the deceased.

Also eligible is someone who was wholly or partially dependent on the deceased person, or is a grandchild of the deceased. If you don't fall under one of these categories, you cannot contest the will. A lawyer can defend those who are eligible, but may find it quite difficult to help the case of someone who doesn't qualify as entitled.

2. The location of your lawyer isn't a deal-breaker

While you might assume that you need a lawyer located in the vicinity of the city or town where the person passed to help you contest a will, that's technically not the case. Rather than focusing on the locality of your representation, it's important to find a lawyer who is knowledgeable of and experienced in contesting wills and can provide legal services across all states or territories of Australia. Don't focus on finding someone within the state – find someone who can protect your interests regardless of the jurisdiction.

3. Find the experienced professionals to contest a will

If you're ready to meet with a lawyer, it's time to contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Disputes Lawyers. We can provide professional legal advice for will disputes across Australia. With more than 35 years of experience and our No Win-No Fee option, we can help you get the financial compensation you deserve. Contact us today for more information.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.