Free initial advice for contesting a will.

We offer:

  • a ‘no win, no fee’ service;
  • Fixed Fee Arrangement to limit our fees to an agreed low percentage;
  • Costs fully discussed and explained up front;
  • Reduced fees should the result be compromised;
  • No fees payable until conclusion.

Key considerations

You may be able to challenge a Will if:

N

The person making the Will was under pressure or influence from someone.

N

The Will was made when the person making it did not have the required mental capacity.

N

No provision (or very little provision) is made for you in the will.

If you have queries or concerns, the best — and fastest — solution is to call an experienced Solicitor. We can provide legal advice promptly and clearly.

Will defects

A Will must comply with certain formalities, such  two persons present when the will maker properly signed and witnessed.. However, even if these requirements are not met, the Court may give Probate of an “Informal Will”. Get in touch to learn more.|
 Probates Perth Call Now 08 9398 5533

Executor won’t provide a copy of the will

Unfortunately, it is not uncommon for the Executor to refuse to provide a copy of a Will (they may even deny any knowledge of the existence of a Will) to a person who would reasonably be expected to be a beneficiary under that Will. If this has happened to you, it needs to be resolved as a matter of urgency.  Probates Perth Call Now 08 9398 5533

Undue influence

Generally, a person makes a Will (or changes an existing one) shortly before their death. In such circumstances, a claim may arise that the Will Maker has been unduly influenced by a person to write their Will in a certain way (usually at someone else’s expense or personal gain). We can help you challenge this. 
 Probates Perth Call Now 08 9398 5533

Challenge a Will

The Family Provision Act allows certain people to claim if a Will fails to make “adequate and proper provision” for them.

Moreover, what is “adequate and proper” depends on several factors, including the size of the estate, the financial position of the applicant, the financial positions of the beneficiaries named in the Wills, and the degree of estrangement between the applicant and the deceased. Estrangement is, unfortunately, a common occurrence, but does not usually mean an applicant should be excluded from a Will altogether.

You’re likely eligible to challenge a will if you are:

N

A spouse, including a de facto spouse (although, there often issues as to whether a person was or was not a de facto of the deceased).

N

A child of the deceased (special provisions apply for stepchildren).

N

A grandchild of the deceased (only applicable in certain circumstances).

N

A parent of the deceased (usually only if they were financially dependent upon the deceased in some way).

make an affordable will with Biddulph & Turley