Contested Wills & Estate Disputes

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When Disputes Arise After Death

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 estate lawyers in Penrith and Western Sydney help 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 one that is challenged in court because:

A person believes they have not been properly provided for under the Will
There are concerns about the Will-maker’s mental 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 administered fairly

Grounds for Contesting a Will in NSW

You may be eligible to contest a Will if you are:

A spouse (including 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 legal 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 works to protect your rights and achieve a fair outcome through negotiation or court action if necessary.

Our 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 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 cases.

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 matters, legal fees may be paid from the estate. We’ll provide clear cost 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 have a claim if you lived with or were supported by the deceased. We can assess your eligibility and advise you on your options.

Where to from here?

If you have any questions about your existing Will or need guidance on preparing a new one, we’re here to help. Contact us to schedule a consultation.

Before your appointment, we will provide you with an information form to complete. This will help you gather the necessary details and ensure we can provide advice based on your circumstances.