Family Provision Claims
Claiming adequate maintenance and financial support from an estate if you have been left out of a Will or unfairly provided for.
Do you want to contest a Will?
Have you been unfairly left out of a Will or feel that your inheritance isn’t what you are entitled to? We help you navigate complex estate disputes with precision and absolute care.
✓ No Win, No Fee | ✓ 40 + Years Combined Experience
Understanding Contested Wills
In Australia contesting a Will means challenging the validity of a Will or disputing the distribution of estate assets. This could be due to concerns about the Will-maker’s mental capacity, undue influence being placed upon them, or simply that you were not adequately provided for.
Not everyone can contest a Will. Generally, only those who were close to the deceased or financially dependent on them have standing to challenge the Will. This might include spouses, children and in some cases, other family members or dependents.
Time limits for contesting a Will vary depending on your jurisdiction. It’s crucial to act quickly, as missing deadlines could mean losing your chance to challenge the Will altogether.
Grounds for Disputing a Will in Australia:
Family ProvisionThe deceased failed to adequately provide for you in the Will.- Testamentary CapacityThe deceased lacked the mental capacity to make a valid Will.
- Undue InfluenceThe deceased made the Will under duress or undue influence.
- Improper ExecutionThe Will was not properly executed or witnessed.
How We Can Help
At Contested Will and Estate Lawyers, we guide you through every step of the process, from gathering evidence to representation.
At Contested Will and Estate Lawyers, we have extensive experience helping clients navigate the complexities of contested Wills. Our compassionate team will guide you through every step of the process, from gathering evidence to representing you in court.
Capacity Challenges
Challenging Wills made when the deceased lacked the mental capacity to understand the nature and consequences of the document.
Undue Influence Claims
Taking legal action when a vulnerable person was pressured or coerced by others into signing a Will that did not reflect their genuine wishes.
Administration Disputes
Resolving conflicts that arise during the estate administration process, including asset and distribution disputes.
Executor Disputes
Acting to remove or challenge executors who fail to carry out their duties honestly, efficiently, or in accordance with the Will.
Mediation & Negotiation
Achieving optimal out-of-court settlements to save you from prolonged, stressful litigation and excessive legal costs.
Why Choose CWE Lawyers
Over 20 Years Experience
Proven Track Record of Success
With hundreds of successful dispute settlements and judgments in the past 20 years, our team, led by Tracey Ryan and Rebecca O’Toole, has the proven experience to secure your entitlement.
No Win, No Fee*
Accessible Advocacy
We understand that the financial burden of legal proceedings can be a significant concern when considering challenging a Will. That's why we offer our services on a No Win No Fee* basis, allowing you to pursue your rightful entitlement without upfront legal costs. *Conditions apply. Find out more
Compassionate Approach
Client-focused
We understand that contesting a will can be an emotional and at times a stressful experience. Our compassionate team takes a personalised approach, listening to your concerns and working closely with you throughout the entire process.
What are the steps involved in a Will dispute?
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Initial Consultation & Assessment
We will meet with you to understand your situation and concerns, assess your case, and advise on legal options.
Preparation & Evidence Gathering
We will review all relevant documents and gather additional evidence to strengthen your case.
Negotiation & Mediation
We prioritise amicable resolutions where possible. We will negotiate a fair settlement or use mediation to reach an agreement, saving you time, stress and money.
Litigation & Court Representation
If negotiations fail, our experienced team will represent you in court, fight for your entitlement, and ensure your voice is heard.
Testimonials - from our clients
We help people and their families navigate the complexities of contesting a will, and achieve results as quickly as possible.
FAQ
Curious about No Win No Fee*? We've got you covered. Here are answers to some common questions we hear.
What are the grounds for contesting a will?
+How long do I have to contest a will?
+What happens if I successfully contest a will?
+Contact us for an obligation free consultation
Alternatively, complete the form below and a member of our team will be in touch.
Our team is here to listen and provide expert guidance to you.
Services
Securing your rightful inheritance is our priority. Our experienced team offers a full range of legal services to help you achieve the best possible outcome.
Probate and Letters of Administration
A Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will) is often the first step required to administer an estate. Our team can assist you step by step through the process
Estate Administration
It is often daunting being appointed an Executor or Administrator and not knowing where to start. Our team will walk you through the process in detail so you understand what needs to be done and help you to prioritise each matter to be addressed
Estate Planning, Wills and Appointing an Attorney and Guardian
Our estate planning service is more than just preparing a will. We consider your superannuation, life insurance, corporate structures and your succession plan for business arrangements. We specialise in rural intergenerational family rearrangements. Our extensive litigation experience enables us to advise you so that you can minimise the risk of your estate being contested
Elder Financial Abuse
Everyone deserves to be treated with respect and not be financially taken advantage of
Constructive Trust Claims
A Constructive Trust can arise where it can be shown that there was a mutual intention (or a ‘promise’) between you and another person, that you would have some interest in property and that you have relied upon this promise to your detriment.