Will disputes

Our commitment

In light of the increased prevalence of will disputes throughout Australia, will preparation with an experienced estate planning lawyer at Eales & Mackenzie gives our clients peace of mind, knowing their wills have been correctly prepared and presented in a way that anticipates and defends against potential challenges.

Our lawyers are also extensively experienced in managing disputes for our executor and beneficiary clients in areas such as distribution of an estate. We appreciate the importance of maintaining family relationships and have success in resolving will and estate disputes without needing to proceed to litigation by exploring other avenues of dispute resolution that protects the your loved ones from emotional and financial grief from one another.

Our focus

At Eales & Mackenzie we understand that wills and estate disputes cast significant emotional and financial burdens on your loved ones. Our tailored advice keeps you informed of your options at every step and provides honest assessments of the success of your claim against an estate.

Our estate planning lawyers have extensive experience handling all manners of will and estate disputes and are able to provide advice that minimises your stress throughout this difficult process.

Challenging a Will

A Will can be challenged if any of the following apply:

• the deceased did not have the necessary capacity to make the will
• the will was created under undue influence
• the deceased did not know of or approve of the contents of the will
• the will was not signed
• the deceased revoked the will
• a later valid will was made
• the will was not executed correctly

If these do not apply, a person can still challenge a Will on the basis that they have not received adequate provision under the will as part of a Testator’s Family Maintenance Claim.  At Eales & Mackenzie our lawyers have extensive experience in challenging wills under all of these varied circumstances and can advise you of your most appropriate cause of action in your specific circumstances.

Key considerations

• State law: The law surrounding Will disputes is complex and differs between states, so it’s important to obtain the advice of an experienced lawyer.
• Your relationship with the deceased:  If your relationship falls under one of the following categories you may be able to challenge the will: Wife/Husband, de-facto, parent, child, grandchild or a carer of the deceased.
• Time limits: Strict time limits apply in relation to contesting a Will, these also differ from state to state.