Contesting a Will

What is contesting a Will?

People have the right to decide who will inherit their assets after death, and they do this by writing a Will. However, there are laws designed to protect eligible people who receive an unfair entitlement in a Will or deceased estate. If you believe your share of a Will is inadequate, or if you've been left out of a Will altogether, you may have grounds to contest it.

You can contest a Will on a variety of grounds:

  • You believe the Will does not adequately provide for you.
  • You were dependent on the person who died.
  • Your relationship with the deceased began after the last Will was made.
  • The Will doesn't take into account the partner or children in another marriage or de facto relationship.
  • You can show that the Will maker was not of sound mind when they made the Will.
  • You can show that the Will maker was wrongly influenced by one or more of the beneficiaries.
  • The Will is unclear.

Who can contest a Will?

Anyone who had a close and significant relationship with the deceased person — such as a child, a spouse or partner — may be eligible to contest the provisions of a Will.

If you're a beneficiary of an intestate estate, and you believe your share is unreasonable, Maurice Blackburn can help you make a testator's family maintenance claim, and fight for your entitlements.

No matter what state or territory you’re in, a claim can be made by anyone who can show that they are eligible to bring a challenge; our expert Will disputes lawyers can advise you if you're eligible.

How to contest a Will

Unfair Wills and deceased Estates can be contested with help from one of our lawyers. At Maurice Blackburn, 98% of our Will dispute cases are settled without the need to go to court.

If you believe that you've been unfairly provided for in a Will, speak to a Maurice Blackburn lawyer about how to successfully contest a Will. We offer a 'no win, no fee'* cost agreement in most matters relating to Will disputes. Strict time limits apply to contesting a Will, so it is important that you obtain legal advice as soon as possible.

We have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia. 

All you need to know about Will disputes

Whether you are thinking of challenging or contesting a Will, or if you are the executor or beneficiary of a Will that is being challenged, our Will disputes lawyers can assist you.

No win, no fee*

Our Will dispute and estates lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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