Contesting a Will

Contesting a Will or Estate

If you plan to contest a will or estate, you need the help of a lawyer you can rely on. The team at Robson & Oliver Solicitors has the knowledge you need to give you the best chance of success.

In NSW, the Supreme Court has the power to hear matters relating to the probate of a will or the administration of an estate. This includes applications to contest the validity of a will, remove an executor, family provision claims or distributing an estate according to intestacy rules. Robson & Oliver Solicitors can help you with all aspects of contesting a will or estate. We work with you to understand your unique circumstances and provide advice tailored to your needs.

To speak with one of our lawyers, contact us today. We are located in Sawtell, serving Coffs Harbour and Bellingen.

What You Need to Know

Those considered eligible to contest a will are typically close relatives or dependents of the deceased who would be left in a difficult financial position if the will was carried out as is. This may include the deceased’s spouse or de facto partner, children (including stepchildren and adopted children), former partner and any person who was dependent on the deceased immediately before their death.

Any challenge to a will must be made within 12 months of the date of death unless there are special circumstances that extend this time limit. It is recommended to submit any contest to the will before probate is granted, as once probate has been granted, the executor is authorised to distribute the estate in accordance with the terms of the will.

The court will consider a range of factors when determining whether to overturn a will, including your relationship with the deceased, whether the will was made under duress or fraud and whether the deceased had the mental capacity to make a will at the time it was made.

If you believe you have a claim against a will in Coffs Harbour, please contact our team of estate lawyers to discuss your matter further.

Frequently Asked Questions

How do I contest a will?

You can contest a will by making a claim in the Supreme Court. The first step is to file a Caveat at the Probate Registry to stop the will from being distributed. You then have six months to file a claim.

What do I need to do to contest a will?

You will need to show that the deceased did not have the mental capacity to make a will, or that they were unduly influenced by another person. Other grounds for contesting a will include lack of knowledge and approval and fraud.

What happens if I die without a will?

A probate lawyer can help you by filing a Caveat at the Probate Registry and representing you in court. They can also help you gather evidence to support your claim.

What are the consequences of contesting a will?

The consequences of contesting a will can be serious. If you are successful, the will may be declared invalid and the estate may be distributed differently. If you are unsuccessful, you may have to pay the other party’s legal costs.

Compassionate & Discrete Services

If you are considering contesting a will, it is important to seek legal advice as soon as possible to ensure you comply with the time limits that apply. Our probate lawyers can assist you with all aspects of challenging a will, and will do so with compassion and discretion.

Reach out to us today for more information or to request a consultation.

Contesting a Will