Certain family members who have been left without adequate provision from an estate may be able to challenge a Will or the laws of intestacy. Strict time limits apply, so seek advice as early as possible.
The Court will consider all the circumstances of the case to determine whether the Will or the laws of intestacy make adequate provision for the proper maintenance, support, education or advancement in life of the applicant. If the Court finds that an adequate provision has not been made for the applicant, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.
You should also obtain legal advice if:
- you are not certain that the deceased was of full mental capacity when the Will was signed;
- you are unsure whether the Will is the last Will of the deceased or there is any evidence the deceased wished to revoke the Will; or
- the Will is vague or unclear.
We recommend you start by booking a consultation. After the consultation we will give you a quote for our further services.
Initial consultation $385
We will give you initial advice about whether the estate is open to challenge and your next steps.
Unable to attend our office? We can conduct your consultation by telephone or Skype – please contact us.
Our fixed fee includes:
- a meeting of up to 60 minutes at our office; and
- an estimate of costs for future representation.
What to bring to the consultation:
- your photo identification;
- a copy of the Will;
- a statement of the assets and liabilities of the estate, if available.
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Need help with an estate?
Our plain-English legal guide has comprehensive and practical advice to help you to take charge and finalise the estate.
- The duties and tasks of an executor are clearly and simply explained.
- Helpful chapters cover every stage of the estate, from organising the funeral to making the final distributions of money and property.