If you feel that the terms of a will are unfair to you, uncertain or you’re unsure about the validity of a will, Wilson Haynes is here to help you. If the terms of the will are unfair to you as a beneficiary, or if they exclude you from being a beneficiary, you may be able to contest the will.

In Queensland and New South Wales, generally a will can be successfully contested if any of the following can be established:

  1. The will is “grossly unfair”;
  2. The testator (will-maker) lacked capacity at the time the will was drafted; or
  3. Undue influence; duress or fraud.

 

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For family members or beneficiaries considering contesting a will, it is critical that they obtain the appropriate legal advice as soon as possible after the will-maker’s death, to avoid missing the strict time limits for making a claim against the estate of the deceased.

For executors, getting the right advice early will result in the avoidance of common mistakes and, possibly, a claim against the estate being avoided.

At Wilson Haynes we provide advice to the beneficiaries and executors alike. Please get in touch with us and book in for your free 40 minute session to discuss how we can assist you as either an executor or a person who feels they have grounds for contesting a will.

 

Do You Need Legal Help?

If you are interested in discussing your current legal issues or considerations and how we may help you, contact us today to book in your free 40 minute consultation with our Principal Solicitor, Jim Wilson.

Come in and meet our team!

Opening Hours

 Mon - Fri: 9:00am - 5:00pm Sat - Sun: Closed

Give Us A Call

07 5536 3055

Email Us At

admin@wilsonhayneslaw.com.au

Location

Suite 27 Level 2 Wharf Central
75-77 Wharf Street Tweed Heads
NSW 4285