Question 1

What is meant by “Contesting a Will

Accepted Answer

If a will is not an accurate reflection of the will-maker’s true intentions, it’s possible to make a legal, formal objection to challenge it, which is called ‘contesting’ a will. A contest to a will may be raised by an interested party on the basis that the will is not valid.

Question 2

Is There a Time Limit to Contest a Will?

Accepted Answer

In NSW, there is a time limit of 12 months from the date the will-maker died for their will to be contested.

Question 3

hat Will the Court Consider When a Will is Challenged?

Accepted Answer

If you are eligible to contest a will, the Court will decide whether or not adequate provision has been made for you in the will. If it is satisfied that you’ve been treated unfairly, then the Court will make an ‘order for provision’ for you.

Question 4

Do I Need to Visit a Lawyer When Contesting a Will?

Accepted Answer

Some solicitors act for people from far afield and do most of the work on the phone, using facetime, emails etc. Mostly, however, people visit the solicitor’s office at least initially but it’s up to you if you don’t have the time or live far away and can’t afford to travel.

Question 5

Contesting a Will: How Long Does it Take?

Accepted Answer

It depends on how complicated the will is, and the jurisdiction because they all have different procedures. Out of court settlements are usually achieved after some six months in NSW and Victoria and two years in Qld.

Question 6

How Much Will Contesting a Will Cost?

Accepted Answer

Costs depend on which lawyers you choose, and if your case is complicated it will add to the time and work involved – costs can vary from a couple of thousand dollars to millions. At PK Simpson, we have a ‘No Win No Fee’ policy, so if you lose it won’t cost anything.

Question 7

Who Pays For Contesting a Will in NSW?

Accepted Answer

Generally, the costs come from the estate if the person contesting the will is successful. If unsuccessful, the claimant must pay the costs. If it goes to court, a judge may or may not order that costs be capped.

Question 8

Do I Need to go to Court When Contesting a Will?

Accepted Answer

It depends on how willing the parties are to settle out of court to save money on legal costs. However, most will contest cases are settled out of court which avoids the possibility of getting a judge who doesn’t view your case as deserving.

Question 9

What is a Family Provision Claim?

Accepted Answer

Claiming family provision is the same as challenging or contesting a will. Family provision claims are for financial provision from the estate if you’ve been left out or a claim for more financial provision if your financial provision in the will is inadequate.

Question 10

Who Can Challenge a Will?

Accepted Answer

Those eligible according to each state’s law. Generally, though, you have to be a relative of the deceased or living in the same household. This is an oversimplification of eligibility since it is a complex area and it’s best to seek legal advice from PK Simpson Lawyers.

Experience the
PK Simpson difference.

We Pay For All Documents

The Best Advice

Act Fast & With Confidence

Word of Mouth

No Win No Fee*

Don’t Be Left Wondering

Experience the PK Simpson difference.