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Timing is important

In Australia, there are various rules and time sensitive regulations applicable to Will process. To help ensure you avoid any unnecessary issues — contact us as soon as possible for an obligation free assessment.

 

Peter Michael Cain Reg. No. E0023035 Irongroup Lawyers

FAQS

I am a defacto spouse. Can I contest a Will?

In most states the law recognises a defacto relationship, even if your partner had not yet divorced. If you can show your de facto partner had an obligation to provide for you, you may have a successful claim.

What will it cost to contest a Will?

Many firms act on a 'no success, no fee' basis for their professional fees. This is subject to terms and conditions as discussed with each individual. Out of pocket expenses may be payable by the client and this will also be discussed beforehand.

Does contesting a Will mean I have to go to Court?

Not necessarily. In fact one of our goals is to try and avoid going to court by negotiating a settlement wherever possible. This approach has the following advantages:

  • reduces legal costs
  • brings the matter to an early resolution
  • preserves family relations by avoiding the stress associated with legal proceedings.

 

 


It may of course, sometimes be necessary for a Will dispute to proceed to court to ensure a fair outcome.

When can I contest a Will?

If someone has been excluded from a Will or not been fairly provided for under the legislation, a claim can be made on the estate.

If you are concerned that:

  • a Willmaker signed their Will without the mental capacity to understand what they were signing; or
  • someone was exerting undue influence on them to sign a Will that did not represent their true wishes.

 

 

Can I do something about someone whom I think is acting improperly as a financial power of attorney or guardian?

Yes. You can apply to the appropriate state authority to request that a power of attorney or guardianship be revoked on the basis of misuse. We can also assist with application to the relevant authority if necessary.