Whether you’ve been left out of a will, or you’re an executor facing a challenge, we’ll explain your options in plain English and stand with you through it — across Queensland and New South Wales.
A dispute over a will often comes at the hardest possible time – while you’re also grieving. It can feel daunting, but most claims are resolved through negotiation, without ever reaching a courtroom.
Here’s how it works, and how our team can help.
It varies between states, but people who had a relationship with the person who died may be entitled to make a claim, including:
Most people have never done this before. These are the stages a claim usually moves through – and at every one, the aim is to resolve things as early and calmly as possible.
We listen, look at your particular circumstances, and give you an honest view of whether a claim is worth pursuing – before you commit to anything.
If it’s worth pursuing, we contact the executors, make your claim known, and begin gathering the documents and evidence to support it.
We put your case to the other side. Many claims are settled at this stage, without the cost and stress of going to court.
If it isn’t resolved, we lodge documents to start proceedings. In most cases the court will require mediation – another chance to reach agreement.
If all else fails, the matter proceeds to a hearing where the evidence is presented and a judge decides. We’ll be with you the whole way.
Strict time limits apply, and they’re different in Queensland and New South Wales. Acting early keeps your options open – so it’s best to speak to us as soon as you can.
NOTIFY THE ESTATE
6 months
COMMENCE PROCEEDINGS
9 months
Later claims may be possible with the court’s approval, but this can’t be relied on.
NOTIFY THE ESTATE
12 months
COMMENCE PROCEEDINGS
Discuss with us
The rules and timing differ from Queensland. We’ll confirm exactly what applies to you.
Beyond being left out, a will can sometimes be challenged on the grounds that it shouldn’t stand at all:
The signature or document was not genuinely made by the person who died.
The person did not have the mental capacity to understand the will they were making.
The person was pressured or manipulated into making or changing the will.
The will was made or altered as a result of deliberate deception.
Book a consultation for clear, practical guidance across Queensland and New South wales.
