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Wills and Contested Estates

Wollongong Wills and Contested Estates Lawyer

Understanding Wills and Contested Estates

A clear, valid Will is what makes sure your wishes are followed after you die. Disputes still arise, either over whether the Will itself is valid or over how the estate has been shared out. Our team advises on both sides of that: preparing a Will that is difficult to challenge, and acting when an estate is already in dispute.

For help preparing a Will, or advice on an estate that is being contested, contact South Coast Family Law Group today on 02 4202 6644.

Why Is a Will Important?

A Will is the legal document that directs how your assets are to be distributed after your death. A properly drafted one will:

  • Give effect to your wishes: name who receives what, so there is far less room for confusion or argument among family.
  • Appoint an executor: put someone you trust in charge of administering the estate in line with the law.
  • Reduce the risk of a family dispute: clear instructions leave beneficiaries with much less to disagree about.

Common Reasons for Contesting a Will

A Will is contested when someone challenges whether it is valid, or how the estate is being distributed under it. The grounds usually raised are:

  • Lack of capacity: that the person did not have the mental capacity to make a valid Will at the time.
  • Undue influence: that they were pressured or coerced into leaving their estate a particular way.
  • Improper execution: that the Will was not signed or witnessed the way the law requires.
  • Family provision claims: a claim that adequate provision was not made for someone who should have been provided for.

How we can help

Our Services in Wills and Contested Estates

Our Wollongong Family Lawyers act on every stage of this work, including:

  • Drafting Wills: preparing a Will that is legally sound and genuinely reflects what you want to happen.
  • Estate planning: structuring things so your assets are protected and the risk of a later dispute is reduced.
  • Contesting a Will: advising whether you have a claim, and preparing and filing what is needed to bring it.
  • Defending a Will: representing executors and beneficiaries when the Will is under challenge.

Our Expertise

Estate disputes tend to arrive at a difficult time, and we handle them carefully and without unnecessary conflict. Our work covers:

  • Will drafting and estate planning
  • Contesting Wills and defending estates
  • Family provision claims
  • Advice on administering an estate

FAQs About Wills and Contested Estates

Can I contest a Will if I am not a beneficiary?

Yes, you may have standing to contest a Will if you can demonstrate an interest in the estate, such as being a dependent or having a close relationship with the deceased.

In most cases, you must contest a Will within six months of the grant of probate. However, specific circumstances may allow for extensions, so it’s essential to seek legal advice promptly.

You can change your Will at any time while you have the capacity to do so. Our team can help you draft a new Will or make amendments to your existing Will.