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Will Disputes

Why Do People Dispute Wills?

There are many different types of Will disputes. To begin with it depends whether you are an executor or beneficiary defending a Will or an "interested persons" contesting a Will.

If you're an executor or beneficiary defending a Will, then read more below on our Defending a Will page where you will get lots of useful advice to help you decide what to do.

If you're an "interested persons" wanting to challenge a Will then read more below on our Contesting a Will page to understand more about who can challenge a Will and some of the circumstances people are entitled to contest in a Will settlement.

Will disputes are becoming more common so it was something four of Australia’s universities wanted to find answers about. Their research paper called Having the Last Word – Will Making and Contestation in Australia discovered many interesting facts.

They found adult children are the most common people who challenge a Will and that contesting a Will had a high rate of success either through mediation or the courts. The research also found that 86% of Will challenges are from the immediate family of the deceased with children making up 63% while partners, including ex-partners, made up the remaining 23%.

So depending on which side of the fence you sit, it is likely that you're going to need reliable advice from experts who are experienced in these matters. Your initial consultation is free of charge so Get In Touch now with one of our lawyers.

Defending a Will

At Heckenberg Lawyers, Sydney Wills Lawyers, Wills and Estates constitute a mainstay of our legal practice. Because of this focus, we maintain up-to-date knowledge of the latest developments in this complex and specialised area of the law.

Contesting a Will

Will Dispute Lawyer & Contesting Wills at Heckenberg Lawyers. Wills and Estates constitute a mainstay of our legal practice. Because of this focus, we maintain up-to-date knowledge of the latest developments in this complex and specialised area of the law.

Family Provision Claim

A family provision claim is a claim against the Estate of a deceased person. A family provision claim is made on the basis that the person claiming against your Estate has not been adequately provided for in your Will for their proper maintenance, education or advancement in life.

Will Dispute Lawyers

Heckenberg Lawyers are a firm that specialises in disputed will cases, contested deceased estates and probate law, as well as, property and conveyancing. Personal relationships are highly valued, communication is open and honest. The firm’s location in the centre of Sydney gives it fast access to law courts. Sydney Leading Wills Lawyer!

Will Dispute Costs

Unlike personal injury law which has become increasingly regulated in relation to legal costs, no such regulation has yet occurred in Will disputes. This can lead to the uninitiated engaging a lawyer, who is not well placed to advise them on their prospects of success in disputing a Will.

Will Dispute - Colleen McCullough

Colleen McCullough died in January, 2015 and was known as one of Australia’s most successful literary writers. The author of the international successful novel The Thorn Birds, published in 1977, had an Estate estimated to be worth millions of dollars at the time of her death.

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Family Provision Claims - Mitar vs Mitar

In Mitar v Mitar [2017] NSWSC 647 the deceased, a widow, left behind four children, three daughters and a son, and an Estate valued at approximately $3 million dollars. In his Will the deceased left the whole of his Estate to his eldest daughter and a right to reside in the family house to his son. The deceased made no provision for his other two daughters however his eldest daughter, based on conversations had with the deceased, divided the cash in the Estate between herself and her two sisters of approximately $200,000 each.

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Successful Family Provision Claim - From a Foster Child

In this case, the deceased died aged 95 years old. She was a widow with two children, Graham aged 67 and Paul aged 65. The Will Challenge was made by Vera Hamilton, who the deceased and her late husband had cared for as a foster child for about 18 months.

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