Managing your case when contesting a Will
Legal costs: ('no win - no charge')
In most cases, Maurice Blackburn can act for you on a 'no win - no
charge' agreement. This means that unless we get a
result that benefits you, you will not pay our legal costs.
Settling out of court
Maurice Blackburn's aim is to resolve matters by a
settlement wherever possible. This avoids bringing the matter
to court, reduces legal costs, gets an early resolution, and
preserves family relations by avoiding the stress associated with
legal proceedings. In most settlements, legal costs are paid out of
the estate. As we do our best to ensure that a fair result is
achieved for you, we will advise that your case should proceed to
court where it is in your best interest.
Time limits for contesting a Will
If you want to contest a Will, you must file a claim in court
within six months of probate being granted or letters of
administration being issued in Victoria; 12 months in the ACT
and six months in WA. Probate is when the court certifies
that a Will is valid and is the last Will and testament a person
made. Letters of administration are issued if a person dies
without a Will.
It is very important that you do not leave it too late to make a
claim. Maurice Blackburn can check whether probate has been
granted, or letters of administration issued.
Want to know more?
Watch Maurice Blackburn client
Kathy Kolk tell her story of contesting her mother's Will.
stories from some people we have helped get a fair
Read more on how we
will handle your case, including acting for you on a 'no win -
no charge' basis.
If you want to find out how to contest a Will, click here to contact one of
our Will disputes lawyers, or call us on 1800 675 140.