Contesting Wills

Contesting Wills

Contesting Wills is not uncommon. Families are complicated, and unfortunately when a family member passes away things can get even more difficult if someone decides to contest the will. Sadly, it is common for disputes to arise, and they can take a variety of different forms, including where:

  • One or more of the family have been left out, or inadequately provided for, in the deceased’s will.
  • There is unreasonable delay by the executors or administrators to administer the estate.
  • The beneficiaries disagree about what should happen with the family home, or other estate property.
  • It is alleged that someone has sold or transferred assets without the authority to do so.
  • There is confusion or dispute over how the will is worded or drafted.
  • There is a dispute over whether the deceased had capacity to make the will or that they understood what they were doing.

At Mason Lawyers, we have advised and acted for both the executors of the estate in defended proceedings, and for family members that want to make a claim against the estate.


Have you been left out of a Will?

If you have been left out of a will completely, or not received a fair share of the estate, you may be eligible to make a family provision claim. You can make a family provision claim if you are an ‘eligible person’, such as:

  • The spouse or de facto partner of the deceased
  • A child or adopted child of the deceased
  • An ex-partner or ex-spouse of the deceased
  • A person who was, at any particular time, entirely dependant or partially dependent on the deceased, and who is a grandchild of the deceased or was at that particular time a member of the same household as the deceased
  • A person with whom the deceased was living in a close personal relationship at the time of their death.

Strict time limits apply in these matters. You must make an application to the court within 12 months from the date of death of the deceased person. It is therefore important to engage the right lawyer early.

Strict time limits apply when contesting a Will

Not sure if you have a case?

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Our experienced deceased estate lawyers can help you administer your loved one’s estate.

  • Over 20 years of experience handling large and small estates.
  • Skilled in handling complex estates
  • Specialised litigation and taxation knowledge
  • Friendly, approachable and compassionate
  • Charge fees in accordance with the Supreme Court scale of costs.
  • Convenient locations, or one of our lawyers can travel to you. We can attend at the hospital, nursing home and retirement village.

Contact our friendly and approachable Wills and Estate team today for compassionate, professional advice.

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