Burgess Thomson Lawyers

Contesting A Will

Wills & Estate Planning

Challenging a Will Lawyers in Newcastle

When making a will, a number of factors must be considered to ensure it accurately reflects your desires and circumstances. It is imperative to create a will that distinctly articulates your wishes—preventing ambiguity and disputes among your loved ones—and is legally credible and enforceable. Undertaking this meticulous process safeguards your family and friends from legal conflicts, especially in circumstances involving contesting a will.

When it comes to challenging a will, our specialised will contest lawyers in Newcastle are well-equipped to provide the crucial guidance needed. Our expertise encompasses a broad range of situations where contesting a will becomes necessary, ensuring that the genuine wishes and the rights of the concerned parties are duly respected and enforced.

We can guide you through the nuances of contesting a will, ensuring the process is transparent. Our understanding and experience in challenging a will means we are perfectly positioned to aid in crafting legally sound documents, protecting against potential future litigations, and securing the rightful distribution of assets.


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Our Services: Contesting a Will

Our team of specialist lawyers, provide support and guidance in matters of family provision claims, contested estate claims, estate administration claims, and will disputes, providing comprehensive services in navigating the complexities of wills and estate law.

Whether defending the validity of a will, ensuring fair estate administration, or resolving disputes arising from contested wills, we employ our extensive experience to uphold the intentions of the deceased and facilitate equitable resolutions, maintaining the utmost precision and empathy in every case.

Our specialist wills and estate lawyers can help with:

Family Provision Claims
Burgess Thomson specialises in assisting clients with family provision claims, enabling them to apply to the Supreme Court for a share of a deceased person’s estate. We offer extensive support in navigating the intricate legal landscapes in New South Wales, where restrictions on applications are stringent. We leverage our experience to facilitate resolutions both inside and outside the court through meticulous negotiations, ensuring fair and agreeable outcomes while empathetically addressing the sensitive and complex situations that often arise in the wake of a loved one’s passing.

Contested Estate Claims
Burgess Thomson is adept at assisting clients in defending the validity of a will and their appointment as Executor, negotiating with all concerned parties to uphold the deceased’s final wishes. When necessary, we can facilitate the acquisition of evidence from relevant entities such as doctors, family members, and legal representatives. Our dedicated team works to navigate through claims, whether they are resolved through negotiations, mediations, or proceed to court, ensuring the terms of the will are validated and fairly executed.

Estate Administration Claims
At Burgess Thomson, we specialise in guiding clients through the intricate processes of deceased estate administration, offering insights into obligations and rights as an Executor and ensuring fair and reasonable estate administration to mitigate risks of challenges from co-Executors or beneficiaries. Our team is proficient in negotiating equitable distributions that align with the deceased’s wishes, resolving disputes related to estate fund allocations, legal fees, property preparations, funeral expenses, and beneficiary entitlements to uphold the sanctity of the deceased’s final directives.

Will Disputes
Burgess Thomson provides expert assistance in navigating will disputes, which can arise due to various reasons such as discrepancies in the testamentary capacity of the testator, undue influence, duress, or fraud, and can significantly strain familial and friendly relationships. Whether you are a spouse, child, friend, relative, de facto partner, former spouse, grandchild, or another dependent, our team is here to support you in challenging a will that is not a true reflection of the testator’s wishes, ensuring that every claim is addressed with utmost precision and care to uphold the true intentions of the deceased.

Contact us or request a quote to learn more about how our skilled lawyers in Newcastle can help you contest or challenge a Will.

Common Questions & Answers​​

Your Executors have the legal and administrative task of sorting out your assets and debts after you die and making sure that your wishes as outlined in the Will are upheld. Who will be your beneficiaries and what effect will their inheritance have on their circumstances? You can designate anyone as a beneficiary and distribute your assets in any way you like, however if you don’t provide for your family and dependents, your will can be contested and your hard won assets used on litigation fees. You also should consider the effects that an inheritance may have on your beneficiaries. In some cases a testamentary trust can sidestep potential taxation problems, so it’s important that you get specific advice about your situation.

To be valid, the person making the Will must be mentally competent, the Will must be correctly signed and witnessed, and show no evidence of tampering. The witnesses to the Will cannot be beneficiaries, or related to beneficiaries and must be over 18. If there is any doubt, or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your Will.
You should certainly review your Will after any major events, such as marriage, divorce, property purchase or sale, death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your Will every couple of years just to make sure that it is still the best instrument for you and for your family.
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