Contested Wills and Probate Lawyers Sydney and NSW

If you have been left out of a will, or have received what you believe to be an unfair share of an estate then you may be entitled to apply to the Court to set aside the will. A will can be set aside on the basis that the will is invalid by reason of the deceased having lacked the testamentary capacity to make the will; that the will is invalid by reason of failure to meet the formal requirements of the Succession Act; or because the will maker did not know and approve of the contents of the will.

Contesting a will in NSW commonly also takes the form of an application under the Family Provision division of the Succession Act, which enables certain eligible persons to ask the Court for an order that provision be made for them out of the assets of the estate, on the basis that the provision left for them in the will was inadequate for their education, maintenance or advancement in life.

Prime Lawyers operate one of the largest private probate practices in NSW, which means we have particular experience with defending wills challenged by eligible persons. This experience allows us to represent clients who have been unfairly left out of a will, and successfully contest either the making of the will itself, or ask the Court for an order in favour of the client under family provision for lump sum payment.

The success or failure of claims of this nature depend on a number of factors, and meeting eligibility does not automatically mean that a person should bring a claim in Court. If the claim is unsuccessful the person bringing the claim will often be asked to pay the legal costs of the successful party, which will amount to an order in the tens of thousands of dollars. It is for this reason that it is wise to select a contested wills and probate lawyer with ongoing and recent experience in this area of law.

Contact Prime Lawyers and you will speak with an experienced contested wills and probate lawyer, free of charge.

Our senior lawyers will analyse your case and provide you with advice as to the strengths of your case. If we believe your circumstances to be such that it is unlikely that a Court will make an award in your favour, then we will provide you with this advice. If your case is such that we advise you that your prospects of success are good, then we shall provide you with an outline of our costs to represent you. In approved cases we will do so on a “no win no fee” basis, as defined in our costs agreement.

Our contested wills and probate lawyers are in high demand but will generally assess your case within 7 days of being provided with your details. This assessment is at no cost and there is no obligation to proceed.

Please note that there are strict timeframes to apply to contest a will in NSW, including a limitation of 12 months from the date of death in contested will proceedings under family provision.

We act for clients interstate and in regional NSW, so if you are located outside of Sydney get in touch by clicking here so that we can call or email you to discuss your case further. If you are located in Sydney then we can accommodate you from our offices located in Sydney, Chatswood, Parramatta, Sutherland and Wollongong.