Contesting a will and Inheritance Disputes
See the GMP Contesting a Will website for detailed information on this service area.
In New South Wales you are able to contest a Will if you are an eligible person in accordance with the Succession Act 2006. This means that you are able to apply to the Court for a Family Provision Order if you believe that you have been unfairly treated in a Will.
Who is an eligible person?
You are classified as an eligible person if you are:
- The husband or wife of the deceased person at the time of their death;
- Were in a de facto relationship with the deceased person at the time of their death;
- Are a child of the deceased person including adopted children;
- Are a former husband or wife of the deceased person;
- Is a grandchild of the deceased and were a member of there household at any time and wholly or partly dependent upon the deceased at any time.
- Were living in a close personal relationship with the deceased person at the time of their death. A close personal relationship means a relationship between two adults living together (whether related or not) where there is the provision of domestic support and personal care.
Is there a time limit on making an application?
There are strict time limits on contesting a Will. An application must be made within twelve months of the date of death of the deceased. If an application is made outside of this time than it is necessary to prove to the Court that there is sufficient cause for the application to be accepted outside of time.
What do I if I have been unfairly treated in a Will?
If you believe you have been unfairly treated in a Will, or you believe that the deceased person did not have the mental capacity to make a Will, then you need to talk to the expert compensation lawyers at Gerard Malouf & Partners.
We have acted in a large number of family provision claims challenging Wills and obtaining lost inheritances for our client’s. Our expert legal team offers free over the phone advice as well as free face-to-face consultations where they will advise you:
- Whether you are an eligible person to make a claim;
- The monetary amount of your claim;
- How to overcome time limits if your claim is outside of twelve months of the date of death.
- Possibilities of settlement of the claim without proceeding too expensive court proceedings.
What if I am an Executor of a Will being challenged?
If you are the Executor of a Will that is being challenged then you need to talk to our expert legal team about your rights and obligations under the Act.
At Gerard Malouf & Partners we understand that the financial burden of making a claim, challenging a Will, can deter you from obtaining expert legal advice, because of the cost of legal fees. This is why we are committed to the No Win No Fee policy so you don’t have to worry about what it’s going to cost you if you talk to us. We are also the only law firm, that provide a written commitment to our client’s that we will reduce our legal fee’s in the event that you are not happy with the result of your compensation claim!
At Gerard Malouf & Partners we are not a giant publicly listed law company, but a highly specialised and focused firm. We are small enough to care intimately for our clients, but large enough to have the solid financial, and expert resources our client’s need to fight and win their cases!
For free over-the-phone advice or to take advantage of our free face-to-face consultation call our expert lawyers today on our Free Call Number 1800 004 878.