Will dispute lawyers
Contesting a will:
Your rights, our fight
Navigating the loss of a loved one is never easy, and the complexities of their will can add to the challenge. At GMP Law, we recognise the emotional weight of Will disputes and offer compassionate, expert guidance to protect your rights and interests during this difficult time.
If you believe you deserve more from an estate, suspect a fraudulent will, or have concerns about the actions of executors, our experienced dispute lawyers specialise in contesting wills and are here to help you through this process.
Why Choose Gerard Malouf & Partners
Understanding will disputes
Will disputes often arise when eligible individuals believe they have not received a fair provision from a deceased person’s estate. These situations can be delicate, as they frequently involve complex family dynamics and heightened emotions.
The role of executors, intestacy laws and the public trustee
When someone passes away, the named executor of the estate typically applies for a grant of probate, which is the court’s legal recognition of the will’s validity. This process can vary by jurisdiction, and not all assets require a grant of probate to be distributed. In cases of intestacy or partial intestacy, where a person dies without a valid will or where the will does not address all assets, the distribution of the estate is governed by intestacy laws, which may further complicate disputes.
In certain circumstances, a will may be automatically revoked in its entirety upon marriage, or partially revoked in the case of gifts to ex-spouses. If disputes arise, a public trustee may be appointed to manage the estate, particularly if there is no suitable executor or if the executor is unable to perform their duties. In an estate dispute, an eligible person may either challenge the validity of the entire will or contest specific terms.
Grounds for disputing a will
Although the personal circumstances vary from case to case, general grounds for disputing a will include:
- Challenging the will’s validity based on the testamentary capacity of the testator to make or rewrite a will.
- Contesting that the estate has a moral duty to provide for them but doesn’t make adequate provisions or leaves them out completely.
Other possible grounds for filing a family provision claim include:
- A complication in the distribution of the deceased estate’s assets.
- Mistakes made by the executor that negatively impacted you.
- Undue influence of a beneficiary resulting in disenfranchising you and others.
We're here to help.
Who can dispute a will?
Who can challenge or contest a will varies according to state legislation but typically, the following parties are most likely to be deemed an eligible person:
- Current spouse, de facto partner, or same-sex partner
- Former spouse or partner (in some jurisdictions)
- Natural or adopted child of the deceased
- Stepchild (in certain circumstances)
- Dependent grandchild
- Member of the deceased’s household who was wholly or partly dependent on them
- A person living with the deceased at the time of death with a close personal relationship
- A person who contributed to the value of the estate
- A person who received promises about inheritance before the deceased’s death.
Even if you’re uncertain about claiming, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting success of contesting a will
The court considers several factors when assessing will disputes and family provision claims, including:
1. Evidence of will invalidity
- Testator’s mental capacity
- Presence of undue influence
- Proper execution of the Will
2. Relationship factors
- Nature and duration of your relationship with the deceased
- Moral duty of the deceased to provide for your
- Any promises made regarding inheritance
3. Financial considerations
- Your current financial situation and needs
- Impact on other beneficiaries
- Size and nature of the estate
- Any contributions you made to the estate
4. Personal circumstances
- Your physical, mental, or intellectual disability status
- Other beneficiaries’ circumstances
- Financial or non-financial support provided to the deceased.
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
Learn more: A Complete Guide to Contesting a Will in Australia
Reaching dispute resolution
In Australia, you cannot bring a will dispute without evidence in support of your claims such as testamentary capacity, inadequate provision, undue influence or executor misconduct. By engaging a lawyer with specialised knowledge of local Succession Act and Family Provision laws, you have the best chance of a successful outcome for your claim.
The court assesses family provision claims on a case-by-case basis. An eligible person contesting a will is not guaranteed a provision from the deceased’s estate.
Ultimately, your award is determined by the strength of your case and the final value of the estate.
The court looks at several considerations to determine your potential award:
- Evidence invalidating a will.
- The moral duty of the testator is to provide for you in their will.
- Your relationship with the deceased.
- Effect an award may have on other beneficiaries.
- Your physical, mental and intellectual disability level and that of the other beneficiaries.
- Any financial or non-financial support you contributed to the testator.
- Your financial need.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about will disputes
What are the time limits for contesting a will?
The statute of limitations for disputing a will varies by location of the estate.
Western Australia: Six months after probate. Late applications are reviewed by the court according to the Family Provision Act 1972.
Victoria: Six months from the date of probate granted. A late application must be approved by the court according to the Administration and Probate Act 1958.
Tasmania: Three months to lodge a claim with the court after probate under Testator’s Family Maintenance Act 1912 (TAS).
South Australia: After probate is granted claims may be filed within six months according to Inheritance (Family Provision) Act 1972. In certain cases, the court will allow you to join proceedings already underway.
Queensland: Six months from the date of death to notify the executor of the claim and up to three months to lodge the claim with the court thereafter. Altogether, you have nine months from the date of death to file a claim according to the Succession Act 1981.
Northern Territory: 12 months from probate with the possibility of later special circumstances claim under the Family Provision Act 1970.
New South Wales: 12 months from the date of death to file according to the Succession Act 2006.
Australian Capital Territory: 12 months from the date of death to lodge a claim with the courts under the Family Provision Act 1969.
Late applications may be considered in special circumstances.
What steps are taken when you dispute a will?
Here are some key steps that may occur during the process of contesting a will:
- Halting probate proceedings: A lawyer can work to pause the probate process to prevent the executor from distributing assets prematurely. They may also include assets not mentioned in the will, such as a superannuation fund, in the claim.
- Filing a family provision claim: We will assess the appropriate timing for filing a family provision claim to safeguard your inheritance, especially if assets have already been distributed.
- Gathering evidence: Documentation, financial records, and evidence of unmet needs will be collected to support your claim.
- Negotiations: We will facilitate negotiations between the involved parties and the deceased’s estate to seek an amicable resolution regarding asset distribution.
- Court proceedings: If a settlement cannot be reached, court proceedings may commence, potentially lasting up to two years.
- Determining legal costs: The judge will determine legal costs following the final ruling.
It’s important to note that challenging a will may involve questioning the testator’s mental capacity or alleging undue influence by someone with power of attorney, which can render the entire will invalid.
GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of evaluating your situation and estimating your chances for success.
Learn more: Contesting a Will in Queensland, Contesting a will in New South Wales, How to contest a will in VictoriaÂ
How long does a will dispute typically take to resolve?
Most disputes are resolved through mediation within six to 12 months. If court proceedings are necessary, the process can take up to two years.
Learn more: How long can contesting a Will take?
What happens if the dispute goes to court?
If mediation is unsuccessful, the matter proceeds to court where:
- Evidence and documentation will be presented
- Witnesses may be called to testify
- The judge will consider all factors before making a final decision
- Costs will be determined by the court.
Throughout this process, our experienced contesting Wills team will represent and support you at every step, ensuring your rights are protected and your voice is heard.
What does it mean to be an executor of a will?
A: Being appointed as an executor is an honour, but it also comes with legal responsibilities, including upholding the terms of the will and managing the estate
What steps are involved in defending a will?
Defending a will involves gathering evidence, preparing legal arguments, and potentially engaging in court proceedings if the dispute cannot be resolved through negotiation. Your lawyer will manage these steps and ensure that the estate is defended effectively.
At GMP Law, we have experience in both defending and contesting wills, allowing us to provide comprehensive support tailored to your situation.
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Learn more: Defending a Will in Victoria
Justice for will dispute plaintiffs
At GMP Law, we’ve successfully resolved inheritance disputes for those wrongly left out of a will.
Successful defence of Father’s estate
Background
Our client inherited his father’s $2 million estate, which included property and financial assets. His stepmother contested the will despite having been granted lifetime residency rights.
The challenge
Balancing our client’s inheritance rights with his stepmother’s claim while considering his challenging financial circumstances and health concerns.
GMP Law’s approach
- Provided independent legal representation
- Presented compelling evidence of our client’s needs
- Initiated early mediation
- Negotiated effectively with all parties
- Secured favourable settlement terms.
Outcome
Successfully preserved 65% of the estate for our client while negotiating an immediate property vacation by the stepmother.
Justice served in de facto partners dispute
Background
Our client’s de facto partner of six years passed away without fulfilling her promise to leave him 40% of her estate, despite his significant contributions to their shared life.
The challenge
Proving both the existence of promises made and our client’s substantial contributions to the deceased’s life and estate.
GMP Law’s approach
- Pursued dual legal strategies (Family Provision and Promissory Estoppel claims)
- Gathered comprehensive evidence from multiple witnesses
- Documented financial and domestic contributions
- Initiated strategic court proceedings
- Negotiated favourable settlement terms.
Outcome
Achieved fair compensation reflecting our client’s contributions and securing his financial future.
Our will dispute services
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your will dispute?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Contested Wills team
Meet some of the diverse and dynamic will dispute lawyers who support our clients with their will contests, inheritance disputes, and family provision claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our will dispute lawyers using the form below, or simply call us 1800 004 878.
