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Will Dispute Lawyers

As you will see when you're researching legal aspects relating to Will disputes, the laws and how they relate to Will disputes can be quite complex. Every case is unique and needs to be considered on its merits. To obtain the most favourable outcome in your case requires the expertise and experience of a lawyer who specialises in contested Wills and Estates.

Since 2009 there has been a significant rise in the number of Wills and Estates in dispute. As a result, many law firms have included Will disputes in their area of practice. They have seen it as an opportunity to get more work. It helps to be careful when engaging lawyers from firms like this. The concern is that these law firms practice many areas of law such as criminal law, family law and conveyancing as an example, and as a result they may not have much experience with resolving disputes concerning Wills and Estates.

Often you will find that these law firms only provide legal services for Will Disputes. They won't offer legal services for Probate or Wills and Estate Planning. The practice of law when dealing with making a Will, planning for your Estate to passed on tax effectively, the process of Probate and contesting or defending a Will dispute is all closely related. Working with a lawyer who has experience in each of these areas will help you to navigate your situation in a more timely and less expensive way.

We understand that people may make decisions to go with law firms based on the cheapest option. Legal disputes can be expensive. For this reason, choosing a specialist Will dispute lawyer will help you achieve a more favourable outcome at a lower cost. It is the knowledge of the law and the experience with many different cases, which helps to resolve a dispute in a timely and less expensive way. The lawyer can make decisions confidently and provide advice competently which often leads to a resolution at mediation rather than proceeding to a court hearing where it becomes more costly.

View the profiles of our lawyers here and Get In Touch with them to discuss your Will dispute. Your initial consultation is free of charge.

If you would like to see what other clients have said about working with our lawyers, scroll to the bottom of this page to view some testimonials.

Contesting a Valid Will - 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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Contesting a Will - Testamentary Capacity

In the case of The Estate of Ella Minnie Lillian Bush v NSW Trustee & Guardian [2016] NSWSC 1611, there was a dispute over whether the deceased had testamentary capacity at the time she created her last 3 wills.

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