Contesting a Will / Inheritance Disputes

At Monaco Compensation Lawyers (MCL) we have a highly trained legal team dealing exclusively with Family Provision Claims.

The death of someone close to you, is a testing time and contesting a Will can make things even more difficult. But if you believe you’re entitled to more from a deceased estate, we may be able to help. There are often very good reasons why a person should be contesting a Will.

At MLC, This practice group is supervised by senior lawyers who have many years of experience in this field. Our lawyers are widely known in the industry due to their track record of success in the field of Family Provision claims. Over the years we have finalised thousands of claims on behalf of our clients - from small claims settled through negotiations to multi-million dollar court actions.

We are dedicated to supporting our clients at every stage of the process, from the initial consultation through to a resolution. we note that the expenses of preparing a claim can cause great concern, so we cover all expenses.

Common Questions

Reasons for contesting a Will include?
  • You’ve been left out of the Will.
  • You've been unfairly provided for.
  • The Will is not valid.
  • The administrator was negligent.
  • There is no Will.
Whatever your reason for contesting a Will, we’ll listen, and we’ll work with you to help you seek what you’re entitled to.
How to contest a Will?
A person who has been left out of a Will, or unfairly provided for can make a claim for a larger share of a deceased person's estate. Common examples of this include:
  • Where the deceased has three children and leaves his or her estate to two children in equal shares with nothing left for the third child.
  • Where the deceased makes no provision for their de facto partner (including both heterosexual and same-sex relationships).
  • Where the deceased makes no provision or lesser provision for a step-child.
  • The type of relationship that an individual has with the deceased leading to a potential claim against the estate continues to expand from state to state.
Lack of testamentary capacity claim A beneficiary of an earlier Will can challenge a more recent Will if the deceased person did not have the mental capacity to understand what he or she was signing. Call us on 1300 769 665 for a free consultation to discuss your options and see how we can help you.
Will I have to go to court?
Whilst we aim to finalise a claim by way of settlement without the need to go to Court, sometimes a resolution cannot be achieved. Therefore, It may be necessary to proceed to Court in order to ensure that you receive a fair distribution from the estate. These types of claims are very heavily case managed by the courts, and you can expect to have your claim finalised within 3 to 9 months from commencement.
Is there a time limit by which to dispute a Will?
It is essential that you obtain prompt legal advice about these issues as there are strict time limits that differ in each state to make these claims. Once a time limit has expired, it can be extremely difficult to progress any claim you may have as permission must be obtained from the Court allowing you to bring your claim out of time. This will usually only be allowed in circumstances where there are very good reasons for the delay.
How are legal fees dealt with?
MLC's No Win - No Fee scheme is usually available for claims relating to Will disputes. It’s designed to help those whose financial circumstances might otherwise deny them access to legal representation by postponing the payment of legal costs to the conclusion of a successful claim. In most instances, the legal fees incurred in a successful claim are paid from the estate.
What if the deceased did not leave a Will?
If the deceased did not leave a Will, otherwise known as dying “intestate”, the deceased’s property is distributed according to rules set down in state-based legislation. However, these rules do not take into account the individual circumstances of any potential beneficiaries of the deceased, with the result that there may be an unfair distribution. If you are currently involved in this situation, please contact us promptly for further advice and information.
Can you tell me exactly what my claim is worth?
There is no way of knowing from the outset how much you could receive when you dispute a Will. If you are an eligible person, among other things, the court will be looking to make sure you receive adequate provision. In determining whether you received adequate provision, the court will have regard to the money you need for proper maintenance, support, education and advancement in your life. To find out more, please contact Monaco Compensation Lawyers ('MCL') for a free consultation on 1300 769 665 or use this contact form.
What if I live in a different state from that of the deceased?
The law which governs the estate of the deceased is the law of the state in which the decease died leaving property. Property can either be “real”, for example, a house, or “personal” for example, cash. Commonly, it is a combination of the two. Even if you live in a different state from that of the deceased, MLC can still assist you with your claim. The matter is able to be progressed through contact via telephone, email and traditional mail with your solicitor. At MLC our expert Contesting a Will in NSW Team have the knowledge and the experience to challenge cases in Queensland, New South Wales, Victoria, Western Australia and all other states or territories of Australia. We have the support staff, barristers and agents that allow us to affectively challenge an estate from anywhere in Australia and represent the interests of any person who has a valid claim on the estate.
Why trust MCL with my Family Provision claim?
  • We make sure the claim is viable.
  • We check the size and scope of the estate.
  • We negotiate your best outcome.
  • We minimise the stress.
Contesting a Will can be complicated, but we can guide you through the process and keep you informed about your options at every step. Our team of expert estate litigation lawyers have many years of experience in handling a wide range of disputes and other estate matters. We can determine if you’re entitled to make a claim and let you know what the outcome is likely to be. We're also able to offer a No Win - No Fee cost agreement in most matters relating to Family Provision disputes. Please, contact Monaco Compensation Lawyers ('MCL') for a free consultation on 1300 769 665 or use this contact form.

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With offices in all Australian States and Territories, Monaco Compensation Lawyers is one of Australia's leading compensation law firms.