Defending a Will

Defending a will when the majority of the deceased estate is located in NSW

If you are an executor, a beneficiary, or someone who has unfortunately been bereaved, the last thing you will want to think about in this time of heartache is someone contesting or challenging the deceased’s will. We understand that this can be a very difficult situation.

At Turnbull Hill Lawyers, our Contested Wills & Estates team are on hand to offer you the advice and support you need to overcome these challenges and move on with your life.

The number of blended families in Australia has been increasing every year, along with an increased number of will contests and challenges. This is why it’s vital for Executors to be prepared for these situations, should they occur, by having access to the best legal advice available. The laws that govern these situations can be quite complex, so it helps to have an experienced team with a successful track record in your corner.

Without proper legal advice, defending a will can be an exhaustive and stressful process, that has the potential to drag out for many months. We work hard to ensure the process is smooth and as stress-free as possible.

See Also: Executor duties

1. How much does it cost to defend a will?

In most situations, the legal costs associated with defending a will are paid for out of the estate. The executor will generally not be liable for any legal costs during the process, aside from those that will come out of the estate once a favourable outcome has been reached.

In any event, our Contested Wills & Estates team will advise you on the estimated legal costs to defend the claim, and will provide further information about how those costs are likely to be calculated throughout the process. We’ve helped hundreds of clients in similar situations, we therefore have a very good understanding of the legal costs involved and are therefore able to provide accurate estimations. To discuss your situation please give us a call for a free assessment. or send us a message using the form on the bottom of this page.

Once an Executor has engaged our services to defend a will, we will provide them with a costs agreement that is written in plain English, providing total transparency and clarity about any costs.

See Also: How much will it cost?

2. What is the first step in defending a will?

The first step in defending a will is determining if the person (or persons) contesting or challenging the will is legally eligible to make any claim upon the deceased’s estate. In some cases we can quickly determine the person’s eligibility by looking at the evidence.

See Also: Who is eligible to contest a will?

3. Is time a factor when it comes to defending a will?

After we have determined the person’s eligibility (see above), we will also determine if the will contest or will challenge has been made within the prescribed time limit or outside it. If the family provision claim has been made outside the time limit there is a possibility the claim will be dismissed by the Court.

However, if the person contesting or challenging has sufficient evidence, there is a chance the Judge may grant an extension of time. By looking at the evidence in question we will be able to determine whether or not it’s likely an extension will be granted.

To find out more information about the time limits give our Contested Wills & Estates team a call or send us a message using the form on the bottom of this page.

See Also: Is there a time limit for making a claim?

Turnbull Hill Lawyers, and specifically Adrian Corbould, have been named in the prestigious 2024 Doyles Guide. Both have been listed in the guide since 2018.