Challenging a Will

If you are considering challenging a Will, you need expert legal advice. That's where we can help.

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The death of a family member or loved one can be a very difficult time, especially if you believe you have not been left your fair share of their estate or if you have been left out of their Will altogether.

It is important that you seek legal advice quickly if you are considering challenging a Will, as there are strict time frames governing when you can make a claim.  Usually, this is within six months of the Grant of Probate.

Our experienced Wills and Estate team are here to help, providing advice on how to challenge the Will and your likelihood of success.

How we can assist challenging a Will

Legally, you can challenge the validity of a Will if:

  • they didn’t have the capacity to make a Will at the time they signed it
  • they made the Will under the influence of others
  • you are a person they had a responsibility to provide for, and you believe they haven’t left you a fair share of their assets
  • there are technical problems with the will. e.g. it was not signed or witnessed properly.

You can also seek the removal of an Executor or Trustee if you believe they have not executed their duties properly and seek financial compensation if you have suffered financial loss as a result of their wrongdoing.

Assessing your likelihood of success

Our experienced Wills and Estate Planning lawyers will provide expert advice on whether you have legal grounds to contest the Will and assess your likelihood of making a successful claim.  

If you do not have a strong case, we will recommend you drop the idea of challenging the Will. While this means less work for us, we firmly believe that you should only proceed with what can be an expensive and complicated process if there is a good chance that your claim will be successful.

Negotiating a settlement with the Executor

When someone dies, the assets of their estate are distributed by an Executor or Administrator to their beneficiaries (after debts have been paid) in accordance with their wishes as detailed in their Will. 

If you do have strong grounds for making a claim, we will then guide you through the legal processes associated with contesting a Will. The first steps are to contact the Executor and notify them of your claim. We also gather evidence to support your claim. 

In most cases, our preferred approach is to settle the claim through direct negotiation with the executors, rather than going to court. We will make an offer to the executors on your behalf and work hard to negotiate a fair settlement with the estate. 

Going to Court

If the matter can’t be resolved through direct negotiation, then we then take the matter to Court, where the evidence will be presented and the Judge will make a decision. 

Our experienced Wills and Estate Planning Partner, Shane Williams, has extensive litigation experience and a strong track record for achieving good outcomes for our clients on complex Wills and Estate matters.

Download our Guide to Wills, Powers of Attorney and Estate Planning for more helpful information!

1. Meet with us

We start this process by organising an initial meeting with one of the highly experienced lawyers from our Wills and Estate Planning team. 

This meeting is all about gaining an understanding of your relationship to the person who has died, their Will and their estate. This will help us assess the legal grounds for making a successful claim. We will also explain the process involved in challenging a Will and discuss the risks involved. 

You need to bring as many of the following items as you can to the meeting:

  • a copy of the Will of the person who has died
  • information you have about the assets of the estate
  • documents showing your relationship to the person who died
  • information about other beneficiaries.

This first meeting will cost $450 (including GST) and usually takes about an hour. 

2. Prepare a cost estimate 

Based on the discussions and information gathered at our first meeting and your requirements, we will then prepare a cost estimate which clearly outlines our approach to contesting the Will and explains our costs.  If you agree to our cost estimate, you will need pay a portion of the estimated costs in advance. 

3. Challenge the Will

Once you are happy to proceed, we will then commence the process of contesting the Will on your behalf, gathering evidence, negotiating with the Executor and, if all else fails, proceeding to Court. 

We have an excellent record for successfully challenging Wills and achieving  fair settlements for our clients.  That is why our clients choose us for this important work.

What Our Clients Say

Good morning Charlie, I'd like to thank you and your team for your continued support and professional approach during what amounts to be a tough time.

Robert

Lymington (Tasmania)

Thank you so much Ruby for your support. I have had no problem with recommending you and the firm to others during our time together and will continue to do so in the future.

Stephen

Heidelberg

Just wanted to say big thank for everything over the last few months. Your support has been fantastic, I’ve felt heard and respected through the entire process. So relieved to finally be able to close that chapter.

Brianna

Thornbury

Ruby was fantastic, she made the whole process easy with no stress.

Ron

Viewbank

Great timely service and everything explained clearly.

Sara

Doreen

Shelley was very easy to deal with, and always had the answer for any questions or queries we had.

Daniel & Kiera

Whittlesea

Ruby was courteous and professional during the entire will process. Ruby took the time to understand our life situation and have a few laughs during the process. We thoroughly enjoyed Ruby’s approach of being professional but not stale and dull.

Grant & Robyn

Maribyrnong

Everything was done efficiently. Staff were all very friendly and helpful.

Kerri

Montmorency

Suzanna was extremely helpful and patient under difficult circumstances.

Leigh

Lower Plenty

Thanks Charlie. Your friendly manner, responsiveness and professionalism was much appreciated.

Rose

Rosanna

Thank you again for your very compassionate and professional handling of the signing. It's not easy by any means but you are making it so much better for us.

Noah

Watsonia

“Thank you St John for your great work and professionalism in finalising my divorce. It was great and after so many years it has taken to get to this place, it is still quite unbelievable that it has now been finished.”

Ava

Heidelberg

Everything gets sorted so quickly and everyone is so friendly.”

Pauline

Toorak

Suzanna and Shelley, acknowledged and thank you sincerely for all you have done, not only over the last few months for settlement, but also over the past two years….Your professionalism, thoroughness and exceptional communication has been deeply appreciated especially given I have been overseas for 80% of this process. Wishing you continued success in your business. I’m proud to say my lawyers and conveyancers are Tonkin Legal Group.

Mark

Fitzroy North

Hi Charlie, a word of thanks for the assistance and guidance provided by Tonkin Legal and in particular by yourself in settling my mother’s estate, throughout drawn out [to me] processes over the past two years. Your commitment and persistence in working through those processes on our behalf is truly appreciated.

Lindsay

Melbourne

Our Team

Ash Soklevski

Lawyer

Ash is currently working as a Lawyer in our Wills and Estates & Family Law teams.

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Download our Guide to Wills, Powers of Attorney and Estate Planning for more helpful information!