Left out of a Will? Is the Will unfair? You may have a right to challenge it - we can help.

Whilst the law recognizes the fact people have the right to choose who will inherit his or her property in a Will, you may still be able to contest a Will. The Will may not be legally binding. A Court may order the Estate to pay money to you if you have been unreasonably left out, or are named in a Will but not properly provided for. Livingstone & Company Lawyers give advice and assist you with disputing a will and claims against an Estate to ensure you get what you are entitled to. We are tough negotiators, and often settle most claims we are involved in for our clients. We are efficient, diligent and caring about your needs and the work we do.

Who may be able to claim: will disputes - estate matters

  • If you were married to the person who made the Will, or you were their partner
  • If you are a child [or adopted child] of the person who made the Will
  • If you are the ex-wife or ex-husband of the person who made the Will
  • If you are a grandchild of the person who made the Will and were wholly or partially dependent upon them. For example, you lived with the deceased or the deceased supported you financially
  • If you lived with the person who made the Will at some time and you were dependent upon them to some extent (this commonly includes step children or foster children)
  • You could be eligible to make a claim even if there is no Will.

Time limits

You only have a limited time from the date of death of the Will-maker [or if no will, the date of the person you wish to claim against] to put in a claim, so don't delay. It is best to act quickly and get our professional guidance on what you are entitled to. Simply call or email us.

Our services - What we do - Issues:

  • Challenging the validity of a Will: Was there forgery, fraud, undue pressure or force?
  • Testator family maintenance - we advise and lodge claims for you where you should receive more than you did under a Will.
  • Clear and logical advice of your rights
  • Preparation of your case and evidence
  • Review of issues, such as:
    • Was the Will properly signed and witnessed?
    • Is the wording of the Will confusing?
  • Lack of testamentary capacity - Was the Will-maker of sound mental capacity at the time they made or changed their Will?
  • Are you the Executor or Trustee (or Beneficiary) of a Will being challenged and need to know your rights and obligations? We can help and give you advice.
  • Is the Executor or Trustee properly distributing the Estate? Claims to make the Estate account or to remove or replace the Executor or Trustee.
  • Advice on Powers of attorney, guardianship and financial management
  • Is Probate of the Will required?
  • Did the deceased die without leaving a Will?
  • Advice on the strict time limits - do not delay in getting advice or you may be out of time

Legal fees: Often the legal fees of challenging a Will are paid out of the estate of the person who has passed away. We usually run family provision or will dispute matters on a "No win, no pay" basis.

Contact us on: T: 02 9357 3588 or E: if you would like to make an appointment for legal advice.

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