The death of a family member or friend is a very overwhelming and difficult time, especially if you feel you have been unfairly provided for in a Will or not provided for at all. In NSW, everyone has the right to contest a Will if you believe you are entitled to more of the deceased estate than stated.

If you believe that you have not been fairly treated or left out of a Will completely then you may have grounds to contest the Will. LHD Lawyers can help you contest a Will. Our team of Estate Law experts can help you receive the share of assets you deserve.

Who is eligible to contest a Will?

• The marital partner of the deceased at the time of death.
• The de facto partner of the deceased at the time of death.
• Any children of the deceased; this includes stepchildren and adopted children.
• A grandchild who lived with the deceased or who was dependent upon the deceased at any time.
• Any person living in a close personal relationship with the deceased. This refers to a relationship between two adults living together and providing support and personal care.
• A former husband or wife of the deceased.

Under what circumstances can I contest a Will?

You can contest a Will if:

• The deceased was your parent.
• The deceased was your guardian
• You were dependant on the deceased and they did not provide ongoing support and maintenance.
• The deceased was pressured into making a Will.
• The deceased was not mentally able to make a Will.
• The Will is invalid.

Do time limits apply?

Yes, in New South Wales there are strict time limits in place when contesting a Will. The time limit is twelve months from the date of death. For this reason, it is always advised to seek legal advice as soon as possible.

At LHD we can help you to make sure all time limits are met to give you the best chance of receiving the compensation you deserve.

Why choose LHD Lawyers?

At LHD Lawyers our Estate Law team are always available to help you through this difficult time. We will stay with you every step of the way to ensure you get the result you deserve.

Our expert team have helped thousands of everyday Australian’s contest a Will, constantly being thorough to ensure your claim is valid. We negotiate to win you the best outcome while minimising stress.