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Contested Wills and Estates Lawyers
The death of a loved one is already a difficult time. Unfortunately, disputes over Wills and estates often add even more stress and conflict. Sometimes a Will may not make adequate provision for family members, or questions may arise about whether it was made fairly or validly.
At ALA Law, our dedicated team of estate lawyers in Penrith and Western Sydney helps clients navigate contested Wills with sensitivity, clarity, and strong legal representation. Whether you believe you’ve been unfairly left out of a Will or you’re an executor needing to defend against a challenge, we’re here to guide you.
What Is a Contested Will?
A contested Will is challenged in court because:
- A person believes they have not been adequately provided for under the Will
- There are concerns about the Will-maker’s testamentary capacity at the time it was made
- There are allegations of undue influence or fraud
- The Will does not reflect the deceased’s true intentions
- The estate has not been properly administered
Grounds for Contesting a Will in NSW
You may be an eligible person under NSW law to contest a Will if you are:
- A spouse (including a de facto partner)
- A child (including adopted or stepchildren in some cases)
- A former spouse
- A person who was financially dependent on the deceased
- A member of the household of the deceased
Common grounds include:
- Family Provision Claims: where you believe you haven’t received adequate provision
- Lack of Testamentary Capacity: if the Will-maker did not understand what they were signing
- Undue Influence: if the Will was made under pressure or manipulation
- Fraud or Forgery: where the Will may not be genuine
How We Can Help
Contesting or defending a Will can be emotionally draining and legally complex. Our experienced team provides practical advice and works to protect your rights and achieve a fair outcome through negotiation or court action if necessary.
Our legal services include:
- Assessing your eligibility and likelihood of success in contesting a Will
- Preparing and filing Family Provision Claims
- Representing executors in defending contested estates
- Negotiating settlements to avoid lengthy litigation
- Providing strong representation in the Supreme Court if required
Why Choose ALA Law?
We understand the sensitivity of Will disputes and the impact they can have on families. Our experienced lawyers balance compassion with firm legal advocacy, ensuring you feel supported while we pursue the best possible outcome.
Based in Penrith, we assist clients across Western Sydney with contested Wills and estate disputes, tailoring strategies to suit both simple and highly complex family situations.
There are strict time limits. You generally have 12 months from the date of death to lodge a Family Provision Claim, though exceptions can sometimes apply.
Not always. Many disputes are resolved through negotiation or mediation, avoiding the need for a full court hearing.
Costs depend on the complexity of the case. In some legal matters, fees may be paid from the estate. We’ll be transparent about legal costs and provide clear estimates and options upfront.
Yes. Executors often need to defend the estate against challenges. We represent executors to ensure the estate is properly administered and the Will is upheld where valid.
You may still be an eligible person if you lived with or were financially supported by, the deceased person. We can assess your eligibility based on your individual circumstances and advise you on your options.
Where to from here?
If you have any questions about your existing Will or seek legal advice on preparing a new one, we’re here to help. Contact us to schedule an obligation-free consultation.
Before your appointment, we will provide you with an information form to complete. This will help you gather the relevant documents needed, such as bank statements and the last Will, and ensure we can provide expert legal advice based on your individual circumstances.
Have a question for our Wills and Estate Disputes Lawyers?
Please contact us to arrange a confidential appointment with one of our friendly solicitors.
