Defending a Will Lawyer Sydney, NSW
PBL Law Group is a leading NSW law firm specialising in defending Wills against claims & protecting the deceased’s final wishes.
- Strong defence of Wills against all claims & challenges.
- Protecting estates from provision claims & validity challenges.
- Expert legal guidance for Executors & beneficiaries.
- Upholding the final wishes of the deceased.
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Who Our NSW Will Defence Lawyers Help
Executors of the Will
We provide expert legal representation to help you uphold the Will & defend the estate against any claims.
Beneficiaries of the Estate
We assist beneficiaries whose inheritance is at risk from a Family Provision Claim or a Will validity challenge.
Trustees & Administrators
We advise Trustees & Administrators on their responsibilities in disputed estates.
Executors of Complex Estates
We defend for Executors of complex estates with trusts or business assets that face a high risk of disputes.
Charitable Beneficiaries
We represent charities & non-profits named as beneficiaries to ensure the deceased's philanthropic wishes are defended.
Our Services for Defending a Will in NSW
Defending Testamentary Capacity
We build a robust defence against claims of incapacity, proving the will-maker was of sound mind.
Rebutting Undue Influence
Our lawyers expertly rebut claims of coercion, showing the Will reflects the maker’s true intentions.
Disproving Fraud & Forgery
We defend against serious allegations of fraud or forgery with meticulous evidence & forensic experts.
Defending Provision Claims
We represent estates against Family Provision Claims, arguing the deceased made adequate provision.
Challenging a Claimant
We can build a case on a claimant’s poor character or estrangement to argue they are undeserving of provision.
Protecting Estate Assets
Our team works to protect all estate assets, including ‘notional estate’, from being lost to a claim.
Real 5-Star Client Reviews
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Our Process for Defending a Will
1
Claim Assessment
We review the claim against the Will, assessing its grounds & advising on the strength of the estate’s defence.
2
Building the Defence
Our lawyers prepare the estate’s defence, gathering crucial evidence & drafting strong affidavits to counter the claim.
3
Negotiation & Mediation
We represent the estate in negotiations & mediation, aiming to resolve the dispute favourably & uphold the Will.
4
Winning in Court
If unresolved, we provide expert representation in the Supreme Court, robustly defending the Will for the estate.
Speak to Our Will Defence Lawyers in Sydney Now
We will call you within 24 hours.
Why Choose Our Will Defence Lawyers
1
Proven Will Defence
Decades of experience successfully defending Wills against validity challenges & Family Provision Claims.
2
Strategic Defence
We provide a thorough analysis & develop a robust legal strategy focused on upholding the deceased’s wishes.
3
Executor Guidance
We offer clear, practical advice to Executors, guiding them through their duties & protecting them from liability.
4
Cost-Effective Resolution
Our primary goal is resolving disputes via negotiation or mediation, protecting estate assets from costly litigation.
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 Defend a Will Lawyers Now
We will call you within 24 hours.
Your Duty to Defend the Will
As an Executor, your primary duty is to uphold the deceased’s last valid Will. When a claim is made against the estate, you must defend the testator’s final wishes. This is a serious legal responsibility.
Navigating a Will dispute requires expert legal advice to protect the estate’s assets & ensure you fulfil your duties correctly. Our Will defence lawyers provide the strategic guidance you need to robustly defend the Will without personal liability.
Defending Against All Claims
Wills are attacked in two main ways:
- A ‘challenge’ argues the Will is invalid due to incapacity, undue influence, or fraud.
- A ‘contest’ (Family Provision Claim) argues the Will is valid but unfair.
Each type of claim requires a completely different legal defence strategy. Our lawyers are experts in defending against both, building a robust case to counter the claimant’s arguments & protect the interests of the named beneficiaries.
Speak to our Sydney Will Defence Lawyers Now
We will call you within 24 hours.
FAQs about Defending a Will in NSW
What does it mean to "defend a Will"?
Defending a Will means acting to uphold its terms when it is either contested (via a Family Provision Claim) or its legal validity is challenged. This is typically the responsibility of the Executor.
Who is responsible for defending a Will?
The Executor of the estate has the primary duty to defend the Will. In some circumstances, major beneficiaries whose inheritance is at risk may also be involved in the defence.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.
What is the difference between defending a 'contest' and a 'challenge'?
Defending a ‘contest’ involves responding to a Family Provision Claim where someone argues they didn’t receive adequate provision. Defending a ‘challenge’ involves proving the Will itself is legally valid against claims like fraud or lack of capacity.
What are the main grounds for challenging a Will’s validity?
The common grounds you may need to defend against include claims that the will-maker lacked testamentary capacity (was not of sound mind), was subject to undue influence, or that the Will is a forgery or fraudulent.
What is a Family Provision Claim?
A Family Provision Claim is an application made by an eligible person who contests the Will, arguing that they have not been adequately provided for from the estate for their proper maintenance and support.
Who can make a Family Provision Claim that I might have to defend?
Only “eligible persons” can make a claim. This list includes spouses, children, de facto partners, former spouses, and in some cases, dependent grandchildren or household members.
What is the first step an Executor should take if a Will is disputed?
The first and most important step is to seek expert legal advice immediately. Do not distribute any part of the estate until you have received legal guidance, as you could be held personally liable.
What are my duties as an Executor when defending a Will?
Your duties include protecting the assets of the estate, acting impartially, providing necessary information to the court and claimants, and attempting to resolve the dispute in the best interest of the estate and its beneficiaries.
Will I have to go to court to defend a Will?
Not always. The vast majority of Will disputes are resolved through negotiation or at a compulsory mediation, avoiding the cost and stress of a final court hearing.
What is mediation in a Will dispute?
Mediation is a confidential settlement conference where a neutral mediator helps you, the claimant, and any other beneficiaries negotiate a resolution. A successful mediation results in a binding agreement.
Who pays the legal costs for defending a Will?
As the Executor, your reasonable legal costs for defending the Will are typically paid from the assets of the estate itself. The court has the final say on costs, but an Executor acting properly is usually protected.
Can I just agree to a claimant's demands to settle a dispute?
As an Executor, you have a duty to all beneficiaries named in the Will. You cannot simply agree to demands without considering if the settlement is reasonable and in the best interests of the estate as a whole. Court approval is often required for any settlement.
What happens if a challenge to the Will's validity is successful?
If the Will is found to be invalid, the court will set it aside. The estate will then be distributed according to the terms of a previous valid Will or, if none exists, the rules of intestacy.
What happens if a Family Provision Claim against the Will is successful?
If a claimant successfully contests the Will, the court will order a specific provision or legacy to be paid to them from the estate. The rest of the Will generally remains valid and is distributed accordingly.
How do I defend against a claim of "lack of testamentary capacity"?
Defending against this involves gathering evidence to prove the will-maker was of sound mind. This includes the drafting solicitor’s notes, medical records, and witness testimony from those who knew the deceased at the time.
How do I defend against a claim of "undue influence"?
This involves demonstrating that the will-maker made their decisions freely, without coercion. Evidence from the drafting solicitor and independent witnesses is crucial to rebut claims of undue influence.
What is a "probate caveat" and how does it affect me?
A probate caveat is a notice filed with the court by a person challenging a Will’s validity. It temporarily stops you, the Executor, from obtaining a grant of probate and administering the estate until the validity dispute is resolved.
Is there a time limit for someone to contest the Will?
Yes. In NSW, a person making a Family Provision Claim generally has a strict 12-month time limit from the date of death. This is an important factor in the estate’s defence.
Is there a time limit for someone to challenge the Will's validity?
There is no strict statutory time limit to challenge a Will’s validity. However, a person must not have an unreasonable delay, and it becomes much harder for them after probate has been granted and the estate distributed.
Why do I need a lawyer to defend a Will?
Defending a Will is a complex legal process with strict court rules and duties for the Executor. A lawyer protects you from personal liability, handles all negotiations and court procedures, and ensures the deceased’s wishes are robustly defended.
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 NSW Will Defence Lawyers Now
We will call you within 24 hours.
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