A Quick Guide to the Will Contestation Process


Perhaps one of your parents has left you out of a will in which the other had promised you a designated place. Perhaps another party has claimed more from that will than what you believe they are entitled to. Perhaps the language of that will is vague, and you feel as though it’s open to a different interpretation. Whatever your reason may be, the fact of the matter remains the same—you want to contest a will of which you’ve been left out or otherwise treated unfairly. If this is the case, you’re going to want to contact a lawyer that specialises in contesting wills, especially when considering how complex and protracted the legal field can be.

Here are a few things to keep in mind when it comes to contesting a will and seeking legal help.

Making a Claim

First thing’s first—before you can hope to get any kind of recompense (or reconsideration) from a will, you will have to file a claim. How soon you can make a claim regarding the nature of a will and formally contest it will change from province to province in Australia, so you’ll want to check with local and provincial authorities about the time frame in which it’s allowable to make a claim. This time frame can be anywhere from the first three months following the death of the person in question to 12 months.

Grounds for Contesting a Will

One of the most common questions asked about contesting wills is, appropriately enough, what constitutes grounds for contestation in the first place. This is an extremely complicated and nuanced question, and one that is often best answered on a case-by-case basis. After all, one of the most important things to keep in mind when contesting a will is the question of need and dependency. Who “needs” that will money or property more, and who “doesn’t need” it by comparison? That’s obviously an extremely objective question, so it’s no surprise that the best will contestation lawyers work by making their case with legal precedent, facilitating a close reading of the text, and compiling an argument as to why you “need” that money or property more.  The question of “dependency” is likewise often a big determining factor in a contested will. If you have many direct dependents that rely on you for financial support, a judge may be more inclined to hear your case.

The legitimacy of a will (ex. a will made with a “less than coherent mind”) is an example of a debatable factor. Being left out of a will in an allegedly wrongful manner is yet another example of a murky, arguable aspect of contestation cases. Such instances are, again, best determined on a case-by-case basis.

Experience Counts

As such, when it comes to contesting a will, you’re naturally going to want the best representation possible. GMP Contesting a Will Lawyers offer the best will contestation services in New South Wales, and they can promise you the benefit of decades of combined experience from sharp legal minds.

Get the legal representation and proper will contestation you deserve today.