Overturning a Will

How to overturn a Will

If you believe your share of a Will is unfair, or if you've been left out of a Will altogether, you may be able to overturn the Will. While the law recognises a person's right to decide who inherits their assets after death, there are also laws to protect eligible people who receive unfair entitlement in a Will or deceased estate.

You can overturn a Will on a variety of grounds. For example, you can challenge the validity of a Will because you think it was made at a time when the Will maker was not of sound mind, or was unduly influenced or pressured by another person. You can also overturn a Will because it doesn’t adequately provide for you.

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

Fighting an unfair Will or deceased estate

Unfair Wills, trusts and deceased estates can be fought with the assistance of our expert wills disputes lawyers.

Strict time limits apply to overturning a Will, so it's critical to obtain prompt legal advice as soon as possible. If you think you've been unfairly provided for, speak to a Maurice Blackburn lawyer about how we can help you overturn a Will. We offer a 'no win, no fee'* cost agreement in most matters relating to Will disputes.

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

If you think you have been unfairly provided for and want to overturn a Will, speak to Maurice Blackburn today. We fight for fair.


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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