Making a legal Will is the best way for people to decide what happens to their Estate after they die. This includes having their say about who gets what and how, by nominating an Executor, beneficiaries and how they want their estate to be distributed.

There are also legal rights that people who receive an unfair or inadequate entitlement in a Will can pursue. Maurice Blackburn's dedicated Wills disputes lawyers can help people close to the deceased reach a fair and legal outcome, even if they were initially left out of the Will.

Contesting a Will? Your questions answered

A Will is a legal document that explains what a Will maker wants to happen to their Estate after they die. If there is no Will, a person's Estate will be distributed according to state intestacy laws.

If you've been left out of a Will or haven't been left with a fair inheritance, it's good to know you can challenge the Will. Maurice Blackburn's lawyers will do everything we can to get your proper entitlement. Our first consultation is free and it's at this point we will tell you whether we believe you have a strong case that is worthwhile pursuing. If you go ahead, we will act for you on a no win, no fee basis (conditions apply).

Wills dispute claims are called ‘family provision claims’ in the ACT, NSW, NT, Queensland and SA; ‘testator’s family maintenance claims in Tasmania and Victoria; and ‘inheritance claims’ in WA.

No matter what state or territory you’re in, these claims can be made by anyone who can show that a Will maker had a moral obligation towards them, and that their entitlement in a Will is not enough for their maintenance and support.

It is not compulsory to make a Will, and not everyone has a Will when they die.  If someone dies without a Will, this is known as dying intestate, and their Estate is divided according to relevant state or territory laws.

Probate is the first step in the process of proving a Will and administering the Estate of a deceased person. Our firm's focus is on contesting Wills that are in dispute and we can help clients prevent a grant of probate if a Will is invalid.

As well as handling Will disputes, Maurice Blackburn offers a range of other associated services. These include:

  • Drafting Wills

Maurice Blackburn provides a Will drafting service. This can be completed without the need to visit our Melbourne office if you are seeking a standard Will. If you're interested in finding out more, please contact us for a Will kit.

  • Superannuation claims

Maurice Blackburn also assists clients with superannuation policy claims. Along with contesting a Will, it may be possible to challenge a superannuation payout associated with an insurance policy owned by the person who died. You can discuss this with your lawyer during your free first consultation.

Contesting a Will in Australia

If you think you have been unfairly provided for and are thinking of challenging a Will, speak to a Maurice Blackburn lawyer about your case. We fight for fair.