Will Disputes & Defence
Fast & effective resolution for Will & estate disputes
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We are expert estate dispute lawyers in Sydney.
Betar Lawyers is highly skilled at achieving resolution for all types of estate disputes.
Whether you need to make a claim from an estate or need to defend an estate claim in New South Wales, we’ll resolve your case - and take away the worry.
Estate Dispute Services
making a claim if you’ve been left out of a will
You may be able to make a Family Provisions claim under the Succession Act.
Betar Lawyers can apply to the Supreme Court on your behalf where a Judge will assess your case and make a ruling.
Any action needs to be taken before the limitation period has passed and ideally before an estate is administered.
DEFENDING A CLAIM AGAINST A WILL OR ESTATE
We can also help and advise you if you need to defend a claim against an estate.
We will liaise with the claimant’s solicitors on your behalf and advise the best course of action.
Stress-free Estate Settlement
We aim to negotiate a quick, reasonable and mutually-agreed settlement with other beneficiaries, avoiding the Court process if possible and keeping legal costs to a minimum.
We will:
- Provide you with open and honest advice about whether your claim or estate defence has any chance of success
- Explain how the claims or defence process works
- Discuss potential outcomes
- Advise on the chances of settlement or mediation towards settlement throughout
Will & Estate Disputes FAQs
+ Do I have the right to contest a Will?
Not everyone has the right to challenge a Will. In New South Wales, under the Succession Act 2006, only people who are considered ‘eligible’ can contest a Will.
Eligible people are:
- Spouse/de-facto partner
- Children
- Former spouses
- Long-term partner in a close personal relationship (at the time of death)
- A grandchild who was wholly or partly dependent on the deceased
- Someone who was at any time part of the same household and who was dependent on the deceased
If you were estranged from the deceased at the time they pass away, this does not prevent you from making a claim if you are a considered an “eligible person”.
The Court will consider a number of factors when assessing your case, such as:
- Your dependency on the deceased
- Determining financial need
- Relationship to the deceased
If you are not sure if you’re eligible or what your legal position is, contact us for expert advice on (02) 9279 1100.
+ What is the time-limit to contest a Will?
In NSW you have 12 months following a person’s death to file a Family Provisions claim with the Court. Time limits differ between Australian states. If you believe you have a claim, call us at the earliest opportunity for prompt legal advice on (02) 9279 1100.
+ Under what grounds can I contest a Will?
If you are an eligible person you may contest a Will if, for example:
- You have been left out of a Will
- You did not receive what you believe you were entitled to
- You think the Will is fraudulent or invalid
- You think the deceased was under duress/pressure (undue influence) to write their Will a certain way
- You feel the deceased did not have mental capacity at the time the Will was written
Because the costs of contesting a Will can be considerable, it’s essential to get expert legal advice before making a Family Provisions claim.
+ What is a Family Provisions claim?
A Family Provisions claim is an application to the Supreme Court of NSW for you to receive a share (or a bigger share) of an estate. Compulsory mediation is required between all parties, before any Court hearing.
+ Can I contest a Will that was written overseas?
Issues with foreign Wills are becoming more common. Under the Succession Act, Courts will look at the rules in the country where the Will was written, to determine validity and ultimately your claim. Expert legal advice is essential in these cases.
+ Can I get a copy of someone’s Will?
Once probate has been granted, a Will is a public document and therefore accessible to anyone that requests it (subject to the relevant fee).
If probate has not been granted, then under the Succession Act only certain people can apply for a copy. Including:
- Named beneficiary
- Spouse/de-facto partner
- Child/grandchild
- Parent or Guardian of the deceased
- The named Enduring Power of Attorney
You can find out more about getting access to a Will and copies on the Supreme Court NSW website.
+ What should I do if someone contests a Will?
You cannot prevent or stop someone who is considered an ‘eligible’ person from contesting a Will. If someone has made a claim or is planning to, talk to us for expert legal advice on (02) 9279 1100.
+ How much does it cost to contest a Will?
Costs vary depending on whether the case can be solved through mediation (without Court involvement) or if the case goes to the Supreme Court. In some cases, legal costs are paid by the estate, if the case meets certain principles. We will advise you of costs at the outset, and your likely chances of success, depending on your situation and circumstances.
+ Do Will disputes always go to Court?
No – at Betar Lawyers we aim to keep Will and estate disputes out of Court, to minimise costs and to ensure a swift and successful resolution for you. As wills and estate lawyers we are highly skilled at estate mediation.
+ What are the common causes of Will and estate disputes?
Estate disputes are more common than you think. Many issues are caused by split families, estranged families and personal relationships the deceased had at the time of death.
Examples include:
- Unequal distribution of estate between siblings
- Claims made by step children
- Claims made by estranged children/spouses
- Claims made by long-term/live-in partners
- Doubt over the deceased’s state of mind at the time the Will was written
No matter what your reasons are for disputing a Will, it’s vital to get expert legal advice first, at the outset, to understand if you have a good chance of making a successful claim.
At Betar Lawyers we have many years of expertise in dispute and defence of estates, successfully resolving cases at mediation without the need for Court action. Talk to us for an initial review of your case on (02) 9279 1100.
+ Useful links: Estate disputes
For more information, visit:
“As executors of the Will, we couldn’t have defended the case without Justin’s help.”
Estate Dispute costs
Our estate dispute and defence fees are cost-effective, so you can access the legal advice that you need to action or defend a claim. We will give you a detailed fee estimate upfront, with full disclosure of all the associated costs and expenses, so you know what you are paying in advance.
All our work is backed by our Value Guarantee, our promise of exceptional service.
Start your estate claim or defence with Betar Lawyers
Contact us to discuss your potential claim or estate defence issue.
Fill in the form below to make an enquiry and to arrange a free Zoom/video call to discuss your case.
Or call our friendly team on +61 (0)2 9279 1100.