Contesting a Will? Consult an expert in Will disputes.
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Why choose Orman Solicitors in Will disputes?
How we work with you
The process to contest a Will in New South Wales (NSW) involves several steps, each designed to ensure that claims are legitimate and fairly considered by the Court. Here’s an overview of the process:
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Mary
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My experience with Orman solicitors has been truly amazing with there professional team of experts. I could not be happier with the outcome off my family law settlement and would highly recommend Orman solicitors for all your legal matters.
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Great, knowledgeable and supportive staff, they were efficient in getting me a great result. The communication was clear and consistent, when I had queries, they were addressed promptly. Could not recommend more.
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I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.
Rose Valenzisi
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“I cannot thank Maggie and her team enough for the flawless way they handled my matter. I felt that Maggie was always completely invested in my matter and everything from the beautiful office to the team’s amazing service made me feel like family. Their commitment to my matter never ceased to amaze me. I would not hesitate to recommend Orman Solicitors.”
Lisa
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When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.
Shimmer Pender
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Maggie has been my solicitor for a number of years – in all that time, I have found her to be professional, hardworking, honest and respectful. She has shown compassion, empathy and helped my family through the toughest times when we needed it most. I have recommended her to friends and relatives, who have also then gone on to recommend her and her firm.
Helen Gordan
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Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.
Joan Rached
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The Barnett family are very thankful to Maggie and the whole team for doing all the groundwork to get our case a great result. We are very happy with their help and wish to give them credit for their hard work to get our matter up and going.
The Barnett Family
CASE STUDY
Estate Litigation
Our client contacted us for assistance with a Family provision application. Her de facto partner of 8 years had passed away from ongoing health issues. Our client had assumed the role of primary care giver throughout her partner’s years-long battle with health challenges, while his children offered limited support or involvement. Our client had lived with her partner for the duration of their relationship, contributing towards household expenses and domestic duties within his property.
The Will
- The deceased had a will that provided for his Children from his first and second relationships.
- Our client was designated to receive a bequest of $50,000 cash.
How we helped
In our endeavour to secure a more equitable position for our client, we initiated proceedings to secure additional provision for her maintenance and life advancement, guided by Section 59 of the Succession Act 2006 (NSW). This legal action also delved into issues pertaining to notional estate. In this regard it is important to note that the Court will take into account the following;
- The character and conduct of the person making the application
- The nature and duration of the relationship between the person making the application and the deceased person
- Financial and nonfinancial contributions made by the applicant to the deceased person
- The financial position of the person making the application and their needs – this is a critical part of assessing adequacy of provision
- The size of the estate and the competing claims
What was the outcome?
We kept our clients’ costs down by resolving the matter in mediation and obtaining a result higher than anticipated. Our client received just less than half of the estate – a notably superior outcome compared to the initial offer of 27%. This result was particularly commendable given the relatively brief duration of the de facto relationship (8 years) and the fact that the deceased had retired and had adult children at the time of their passing.
Maggie Orman
Principal
Renata Matyear
Senior Solicitor
Eileen Newcombe
Senior Solicitor
Will Dispute FAQ
Who can contest a Will or an Estate in NSW?
- Spouse or domestic partner
- Former spouse or domestic partner
- Child or stepchild
- A person who believed they were a child of the deceased
- Registered caring parent
- Grandchild
- Household member of the deceased
Can a parent, sibling, stepchild, or former de facto contest a Will?
Yes, but only under specific circumstances. If they lived with the deceased and were financially dependent on them, they may be considered eligible. However, legal advice is essential to assess the likelihood of success.
Can a grandchild contest a Will?
A grandchild can contest a Will if they were financially dependent on the deceased or were a member of the same household. As with other cases, seeking legal advice is recommended.
Can a spouse contest a Will?
Yes, a spouse can contest a Will. This includes both married and de facto partners. Spouses are automatically considered eligible to make a claim.
How is a Will contested in New South Wales?
Will disputes can be settled out of Court through the process of mediation. This is a more cost-effective and timely way to resolve your conflict. However, if your conflict can not be resolved and you move forward with legal proceedings, your case will be heard by a judge in the Supreme Court. In New South Wales, Courts will follow criteria to rule on a case. The judge will look at your case and make a determination on the following grounds:
- Is the will ‘grossly unfair’?
- Have you been left out when you should not have been?
- Were you fully or partially dependent on the will-maker before their passing?
- Were the will-maker’s intentions clear, and did they have the mental capacity to understand what they were doing when the will was created?
Before going forward with disputing a will, however, it’s important to seek legal counsel to discuss your options and determine the right course of action for you. The lawyers at Orman Solicitors are experts in will disputes and work closely with clients to ensure the best possible outcomes for you and your family. For premium legal advice and services, get in touch with our compassionate team today.
When can a Will be contested?
The timeframe in which you can contest a will varies from state to state, but in New South Wales, a person has 12 months from the date of the will-maker’s death to file family provisions claim.
In the event that a time of death is unknown, the Courts will determine a reasonable date. Here at Orman Solicitors, we encourage our clients to lodge a claim sooner rather than later, however, if the limitation period has expired, but there is ‘sufficient cause’ to challenge the will, the 12-month period may be extended and proceedings allowed to go forward. If there’s a will you’d like to challenge, contact our office to discuss your options.
Is it worth contesting a Will?
The decision depends on potential financial gain, legal fees, time commitment, and family dynamics. Legal advice can clarify whether pursuing a claim is beneficial.
What are grounds for contesting a Will?
Disputing a will occurs when a potential beneficiary has been left out of the will and believes it is invalid. There are several reasons a person might challenge a will. They include:
- Family maintenance. This is the most common ground for challenging a will. It occurs when a person who was close to the deceased believes they weren’t left enough and is seeking a more significant portion of the estate.
- Undue influence. This occurs when there is a belief there was undue influence over the deceased, and there is reason to believe the person who helped the will-maker draft their will may gain significantly from the estate.
- Fraud. Suppose you believe and can prove a beneficiary misled or made false statements to the will-maker resulting in them altering the will to the beneficiary’s benefit. In that case, you may have grounds for contesting the will.
- Forgery. You may contest a will if you believe the document to contain forged information and signatures.
- Lack of Testamentary capacity. You might feel when the will was made, the deceased lacked the mental and legal ability to draft and sign it. If this is the case, you might be able to challenge the will in Court.
If you’re looking to challenge a will and wish to discuss your options, get in touch with Orman Solicitors.
Who Can Contest a Will?
Under the Succession Act (2006), only eligible persons can contest a will in New South Wales. The act defines an eligible person as:
- A de facto partner of the deceased.
- A child (or adopted child) of the deceased.
- A spouse or former spouse of the deceased.
- A person who shared a close personal relationship with the deceased prior to their passing.
- A grandchild or other relatives.
- A person who was at one point a dependent of the deceased or someone who shared the same household.
A will does not have to be contested in full and can be challenged only in part in Court. This means that even if you agree with the majority of the will but wish to dispute a single piece of it, the Courts will allow you to do so. If you’re seeking a legal professional to handle your will disputes, reach out to the team at Orman Solicitors today.
Is there a time limit for contesting a Will in NSW?
Yes, you must contest a Will within 12 months of the date of death. In special cases, the Court may allow late applications if there is sufficient cause.
Do you have to go to Court to contest a Will?
Many disputes are resolved through mediation or settlement agreements before reaching Court, reducing costs and preserving relationships. However, some cases do require Court intervention.
For more tailored advice, a free 15-minute case assessment with an experienced estate lawyer is often the best way to understand your options and chances of success. To book in call us on 1300 676 267.