Contesting a Will Lawyer Sydney, NSW
PBL Law Group is a leading NSW law firm specialising in contesting unfair Wills and securing your rightful inheritance.
- Expertly challenging the validity of a Will.
- Securing adequate provision from an estate.
- Dedicated advocacy for your rightful inheritance.
- Navigating will contests with clarity & strength.
Speak to our Contest a Will Lawyers Now
We will call you within 24 hours.
Who Our NSW Will Contest Lawyers Help
Spouses & De Facto Partners
We assist spouses, de factos, & former spouses contest a Will for their proper and just share of the estate.
Children of the Deceased
We provide expert guidance for children of all ages who have been left with inadequate provision from a parent's Will.
Grandchildren & Dependents
We represent dependent grandchildren who need to contest a Will for financial maintenance & support.
Close Personal Relationships
We provide a pathway for those in a close personal relationship with the deceased to seek the provision they deserve.
Members of the Household
We advise dependent household members on their right to contest a Will for provision from the estate.
Our Services for Contesting a Will in NSW
Claims for Inadequate Inheritance
We build strong Family Provision Claims for eligible persons who have been left with inadequate provision from a Will.
Accessing Assets Outside the Will
We specialise in claims to access assets like superannuation or joint property to satisfy your rightful entitlement.
Late Applications to Contest a Will
If the 12-month deadline has passed, we prepare strong cases to seek the Court’s permission to proceed with your claim.
Real 5-Star Client Reviews
Speak to Our Contesting a Will Lawyers Now
We will call you within 24 hours.
Our Process for Contesting a Will
1
Claim Evaluation
We confidentially evaluate your eligibility to contest the Will & the merits of your potential claim for provision.
2
Building Your Case
Our lawyers guide you in preparing a strong case, compiling all necessary evidence of your financial need & relationship.
3
Negotiation & Mediation
We engage with the estate’s representatives, aiming to resolve your dispute through skilled negotiation or mediation to avoid court.
4
Winning in Court
If unresolved, we provide expert litigation support & commence court proceedings to secure your just and fair outcome.
Speak to Our Contesting a Will Lawyers in Sydney Now
We will call you within 24 hours.
Why Choose Our Will Challenge Lawyers
1
Proven Experience
Decades of experience specialising in contesting Wills & securing fair provision for our clients.
2
Honest Assessment
We give a thorough & honest assessment of your eligibility & the strength of your claim for provision.
3
Fierce Legal Advocacy
Fierce representation in negotiations & mediations to secure the fair inheritance you deserve without going to court.
4
A Just Outcome
We fight to ensure you receive adequate provision, achieving a just & fair outcome that reflects your needs.
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 Contest a Will Lawyers Now
We will call you within 24 hours.
Left Out? Contest the Will
If you’ve been left with an unfair or inadequate inheritance, NSW law gives you the right to seek a fairer share from the estate. This legal action is called a Family Provision Claim.
This process enforces the deceased’s moral duty to provide for their dependents. Our will contest lawyers build a powerful case based on your financial need & your relationship with the deceased to secure the provision you rightfully deserve.
The 12-Month Deadline
In NSW, you have a strict 12-month time limit from the date of death to file a Family Provision Claim with the Supreme Court.
If you miss this deadline, you risk losing your right to contest the Will forever. Seeking immediate legal advice is critical to protect your opportunity. Our will contest lawyers act quickly to evaluate your claim & commence proceedings before it’s too late.
Speak to our Contest an Unfair Will Lawyers Now
We will call you within 24 hours.
FAQs about Contesting a Will in NSW
What does it mean to "contest" a Will?
Who is an "eligible person" to contest a Will in NSW?
Eligible persons are defined by law and include spouses, de facto partners, children, and former spouses. Grandchildren or members of the household may also be eligible if they were dependent on the deceased.
Is there a time limit to make a Family Provision Claim in NSW?
Yes. In NSW, a Family Provision Claim must be filed with the court within 12 months from the date of the deceased’s death.
Can the 12-month time limit be extended?
The court may grant an extension, but only if you can show a “sufficient cause” for the delay. It is crucial to seek legal advice well before the deadline expires.
What factors does the court consider in a claim?
The court considers many factors, including your financial needs, your relationship with the deceased, the size of the estate, and the needs of the other beneficiaries named in the Will.
Do I have to prove I am in financial need?
Yes. A key part of a Family Provision Claim is demonstrating to the court that you have a financial need and that the provision made for you in the Will (if any) was inadequate for your proper maintenance and advancement in life.
Can I contest a Will if I was already left something?
Yes. If the amount you were left is considered inadequate for your proper maintenance and support, you can still make a Family Provision Claim for further provision from the estate.
Can adult children contest their parent's Will?
Yes. Adult children are listed as eligible persons and can make a Family Provision Claim, particularly if they can demonstrate a financial need.
Can a stepchild contest a Will?
A stepchild is not automatically eligible. They must typically prove they were a member of the deceased’s household at some point and were wholly or partly dependent on the deceased.
Can a grandchild contest a Will?
A grandchild is not automatically eligible. They must typically prove they were wholly or partly dependent on the deceased at some point to be considered an eligible person.
Can a former spouse contest a Will?
Yes. A former spouse is listed as an eligible person who can make a Family Provision Claim in NSW.
Will I have to go to court for my claim?
Not always. The vast majority of Family Provision Claims are resolved through negotiation or at a compulsory mediation before reaching a final court hearing.
What is mediation in a Will dispute?
Mediation is a confidential process where a neutral mediator helps all parties discuss the issues and negotiate a mutually acceptable settlement, which can then be approved by the court.
How much will I receive if my claim is successful?
There is no set amount. The court determines what provision is adequate based on the specific facts of your case, your needs, and the size of the estate.
Who pays the legal costs for a Family Provision Claim?
If a claim is successful and an order for provision is made, the court will usually order that the claimant’s legal costs are paid from the deceased’s estate. However, this is always at the court’s discretion.
Can I make a claim if there is no Will (intestacy)?
Yes. If the rules of intestacy (which apply when there is no Will) result in you receiving inadequate provision, an eligible person can still make a Family Provision Claim against the estate.
What is "notional estate"?
In NSW, notional estate refers to assets not directly owned by the deceased at death (e.g., jointly owned property or superannuation) that the court can claw back into the estate to satisfy a Family Provision Claim.
Can superannuation be included in a Family Provision Claim?
Yes. In NSW, superannuation death benefits can often be designated as notional estate by the court, making them available to satisfy a successful claim.
How long does a Family Provision Claim take to resolve?
A claim can take several months to resolve if settled early through negotiation or mediation. If it proceeds to a final court hearing, it can take a year or more.
What is the first step to make a Family Provision Claim?
The first step is to seek expert legal advice immediately. A contest a will lawyer in sydney can assess your eligibility, the strength of your claim, and ensure you act within the strict 12-month time limit.
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 Contesting a Will Lawyers Now
We will call you within 24 hours.
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