Challenge Will Lawyers Sydney, NSW
PBL Law Group is a leading NSW law firm specialising in challenging invalid Wills & protecting your rightful inheritance.
- Expertly challenging the validity of a Will.
- Strategic advice on will fraud & undue influence.
- Protecting your rights as a rightful beneficiary.
- Guidance through complex will validity disputes.
Speak to our Sydney Will Challenge Lawyers Now
We will call you within 24 hours.
Who Our NSW Will Challenge Lawyers Help
Disinherited Family Members
For family members unfairly disinherited from a Will, we fight to restore your rightful inheritance under suspicious circumstances.
Beneficiaries of a Prior Will
We assist beneficiaries of an earlier Will to challenge a newer, suspect document that has wrongly replaced their inheritance.
Concerned Relatives
We represent those concerned a vulnerable loved one lacked capacity or was coerced when making their final Will, ensuring their true wishes are honoured.
Those Unfairly Excluded
For close friends, carers, or dependents excluded by a Will procured by fraud or undue influence, we provide a pathway to challenge it.
Executors with Doubts
We advise Executors who have doubts about a Will's validity, providing clear legal guidance on their duties & the path forward.
Experienced in Every Aspect of Challenging a Will
Testamentary Capacity
Challenging a Will if the maker lacked the mental capacity to understand what they were signing.
Undue Influence
Fighting Wills where the maker was coerced or pressured, overriding their true wishes.
Lack of Knowledge & Approval
Cases where the will-maker didn’t know or approve of the Will’s contents due to suspicious circumstances.
Will Forgery
Challenging a Will or signature suspected of being a forgery, supported by expert evidence.
Will Fraud
Pursuing claims where the will-maker was deceived into signing a document they didn’t understand.
Invalid Will Execution
Disputing Wills not signed or witnessed correctly according to NSW law, rendering them invalid.
Real 5-Star Client Reviews
Speak to Our Challenging a Will Lawyers Now
We will call you within 24 hours.
Our Process for Challenging a Will
1
Case Assessment
We assess the Will’s circumstances & advise on the strength & viability of your validity challenge.
2
Secure the Estate
We gather crucial evidence & can lodge a probate caveat to immediately stop the estate from being distributed.
3
Negotiate a Resolution
Our lawyers present your challenge to the executor, seeking to resolve the dispute through negotiation to avoid court.
4
Win in Court
If unresolved, we provide robust representation in the Supreme Court to have the invalid Will thrown out.
Speak to Our Challenge a Will Lawyers in Sydney Now
We will call you within 24 hours.
Why Choose Our Will Challenge Lawyers
1
Proven Experience
Our specialist lawyers have deep experience challenging Wills on grounds of incapacity, undue influence, & fraud.
2
Honest Case Assessment
We provide a thorough & honest assessment of your case, advising on the strength of your claim & the best legal strategy.
3
Fierce Legal Advocacy
We offer fierce representation, meticulously building your case with strong evidence to have the Will declared invalid.
4
Focus on a Just Outcome
We are committed to protecting your rights, ensuring the deceased’s true wishes are honoured & a just result is achieved.
Visit Our Sydney Wills & Estate Lawyers
We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in Gosford, Gorokan & Coffs Harbour.
Speak to our Sydney Challenge a Will Lawyers Now
We will call you within 24 hours.
Is the Will Itself Invalid?
A successful challenge to a Will focuses on its legal validity. A Will can be declared invalid if the deceased lacked the mental capacity to make it, was pressured or coerced (undue influence), or if the document itself is a forgery.
Suspecting a Will is invalid is a serious matter. PBL Law Group specialises in investigating these grounds. We provide expert legal advice to assess your claim and build a powerful case to have the Will thrown out entirely.
The First Critical Step about an Invalid Will
When you suspect a Will is invalid, your first fear is that the estate’s assets will be distributed before you can act. The legal tool to prevent this is a probate caveat.
Lodging a caveat with the Supreme Court immediately freezes the estate, giving you time to gather evidence and formally state your challenge. Acting quickly is critical. Our Will challenge lawyers can lodge this caveat for you, securing the estate while we build your case.
Speak to our Challenge an Invalid Will Lawyers Now
We will call you within 24 hours.
FAQs about Challenging a Will in NSW
What does it mean to challenge a Will?
Challenging a Will means you are questioning its legal validity. You are arguing that the document itself is flawed and should not be considered the true last testament of the deceased.
What is the difference between challenging and contesting a Will?
Challenging a Will disputes its validity (e.g., claiming it’s a forgery or the maker lacked capacity). Contesting a Will (a family provision claim) accepts the Will is valid but argues it fails to make adequate provision for a particular person.
Who can challenge the validity of a Will?
Generally, you can challenge a Will if you have a legal interest in the outcome. This typically includes beneficiaries named in the current or a previous Will, or those who would inherit if the person died intestate (without any Will).
What are the main grounds for challenging a Will's validity?
The most common grounds are: the will-maker lacked testamentary capacity (was not of sound mind), was subject to undue influence or coercion, the Will is a forgery, or the will-maker did not know and approve of its contents.
How do you prove a will-maker lacked testamentary capacity?
You must show that at the time of signing, the will-maker did not understand the nature of a Will, the extent of their assets, or their moral obligations to potential beneficiaries, often due to conditions like dementia or delusion.
What is "undue influence" in a Will challenge?
Undue influence means proving the will-maker was coerced to such an extent that the Will reflects the influencer’s wishes, not their own. This requires evidence of more than just pressure or persuasion.
Is there a time limit to challenge the validity of a Will?
There is no strict statutory time limit for challenging a Will’s validity. However, it is crucial to act as soon as possible, preferably before a grant of probate is issued, as delays can complicate proceedings and the recovery of assets.
What happens if a Will is successfully challenged and found to be invalid?
If a Will is declared invalid, the court will then look for a previous valid Will. If one exists, the estate is distributed according to that earlier Will. If there is no earlier valid Will, the estate is distributed according to the laws of intestacy.
Who pays the legal costs in a Will challenge?
The court has discretion over legal costs. If a challenge is reasonable and justifiable, the court may order that the legal costs for all parties are paid from the deceased’s estate. However, this is not guaranteed.
How Our NSW Wills & Estate Lawyers Can Assist You
Wills Drafting & Review
We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.
Dispute a Will
Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.
Defending a Will
We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.
Family Provision Claims
Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).
Domestic Estate Planning
We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.
International Estate Planning
Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.
Grant of Probate
We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.
Enduring Power of Attorney
We prepare enduring powers of attorney to manage your future financial & legal decisions.
Enduring Guardianship
We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.
Testamentary Trusts
We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.
Intestacy Law & Advice
When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.
Letters of Administration
We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.
Estate Administration
We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.
Advance Care Directives
We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.
Special Disability Trusts
We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.
Speak to Our Challenging a Will Lawyers Now
We will call you within 24 hours.
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