Need to dispute a will or have an inheritance or estate dispute? As Canberra’s trusted estate lawyers, we have built a reputation for our passion and commitment and advocating for our clients’ rights.

We are specialist, award winning Canberra based will dispute lawyers. We can help you understand the situation you find yourself in and consider your legal position and determine the best strategy to protect your interests and resolve the dispute.

We can advocate for you and negotiate with any relevant parties, prepare and run court proceedings, or  navigate and guide you through alternative dispute resolution processes. Our estate dispute lawyers regularly act in the ACT Supreme Court and NSW Supreme Court as well as act in ACT and NSW Civil and Administrative Tribunal (ACAT and NCAT) Guardianship tribunal matters.

We provide frank and fearless advice about the prospects of success of your matter, or the likely outcome of the dispute. We are committed to getting you the very best outcome.

There are different types of Will disputes. Disputes can arise about:

• the validity of a Will; or
• the terms of the Will; or
• the Will failing to make adequate provision for a person.

There are many grounds for disputing a Will and in some cases you may be able to dispute a Will for multiple reasons. This is why it is important to see a specialist Wills and Estates lawyer for advice if you have concerns about a person’s Will.

Some of the grounds include:

• invalidity because the testator (person who made the Will) did not have capacity to make a Will when they did;
• family provision claims where an eligible family member is excluded from a Will or does not receive adequate provision from an estate;
• the Will, or parts of it, are vague or unclear as to what is to happen or who is to benefit;
• the Will was made in breach of a previous Mutual Will Contract between spouses;
• estoppel, for example you were promised a particular asset if you worked for your parents for minimal or no reward

Challenging a Will is usually an issue as to the validity of the Will (i.e. is the Will legally valid or not). For example, a Will might be challenged if it was not properly executed or if the will-maker didn’t have mental capacity. If the last Will is found to be invalid, there might be an earlier Will that then applies (or if there was no earlier Will then ‘intestacy laws’ may apply to determine who inherits).

Contesting a will typically refers to making a family provision claim. Contesting an estate usually happens because there has been inadequate provision in the Will for a person. That person will typically bring what is called a ‘family provision claim’ against the estate. The purpose of the claim is to try and get more than what was given under the terms of the Will.

Both processes involve legal proceedings and it’s important to seek legal advice if you’re considering either action.

It varies in each state and territory in Australia how long someone has to start action if they want to contest a Will. Generally, it is 6 months from the date of the Grant of Probate/Letters of Administration, or 12 months from the date of death.

If you have concerns and are considering contesting a Will, it is important you see an Estates lawyer as soon as possible so you do not miss important deadlines or you may miss out.

Contesting a Will involves a Court application, however it may not always result in you needing to go to Court. Often when persons contest Wills, all relevant parties will be required to have a mediation to see if they can resolve the dispute without the need for anyone to go to Court and have a hearing. If the dispute does not resolve at mediation then you will likely have to go to Court.

The short answer is no. Although a testator (the person who made the Will) may have intended for there to be no disputes or to punish those who do dispute a Will, a ‘no-contest clause’ in a Will cannot prevent someone from taking particular legal action.

This will depend on what the dispute was, for example if it was a dispute about the capacity of the will-maker and the outcome is that the will-maker did not have capacity to make their last Will, then an earlier Will may be considered the valid Will.

If you are successful in claiming family provision, then the estate distribution will be adjusted to award you more of the estate than you were otherwise left in the Will. This usually means other beneficiaries will receive less than what they would have received in the Will.

If you are successful in disputing a Will, you may be able to have your legal fees paid for from the Estate or by the other parties. This does not always happen and it is important you seek advice about the legal costs and if you will be liable to pay those fees before starting any dispute.

The role of a Will Dispute Lawyer is to provide you with advice and advocate your position in disputing a Will. They will provide you advice on all options available to you to dispute or challenge a Will; the prospects of success in disputing a Will; the strengths and weaknesses of your case; and the likely costs.

They will advocate for you when dealing with other parties, at mediation, and at Court. A Will Dispute Lawyer has specialist knowledge in challenging Wills and experience and expertise in appearing in Court.