Have you been left out of a will?
If you are facing the heartbreak of being left out of a loved one’s will, we are here to help. Our dedicated team of experts will provide compassionate support and strategic guidance as you navigate through this challenging time.
We will answer for you:
- How do I find out what is in the will of someone I know who has died?
- Am I eligible to receive anything from the estate?
- How much money am I entitled to?
You will receive:
- Clear advice from a senior industry expert
- A clear, matter of fact approach where you will know exactly where you stand
Meet Jessica Rea
For reliable guidance in wills and estates, trust Jessica to be your advocate every step of the way.
Jessica’s background in commercial law, including extensive work on large corporate transactions and trust establishment, provides her with a unique perspective on wealth and succession planning. She’s equipped to handle the complexities of any scenario thrown her way, ensuring comprehensive solutions tailored to your needs.
Passionate about estate and trusts law, Jessica is committed to helping clients achieve peace of mind and security for their future. She understands that navigating the legal aspects of estate administration or disputes can be daunting, especially during challenging times like the loss of a family member. Jessica strives to make the process as simple and pain-free as possible for her clients.
With Jessica on your side, you can rest assured that she’ll anticipate issues before they arise, staying one step ahead to ensure a smooth journey through the legalities of estate matters.
Recognised nationally as a finalist in the 2024 Lawyers Weekly 30 Under 30 Awards, Jessica’s dedication and expertise are unmatched. Currently pursuing her Masters in Applied Law with a focus on Wills and Estates, she’s continuously expanding her knowledge to better serve her clients.
Ready to take the first step? Contact Jessica today on (02) 4941 8970 for a free no-obligation chat about your case.
Whitelaw McDonald Lawyers is here to win for our community. We know it can sometimes be overwhelming to navigate and understand legal entitlements and claims.
We have the specialist expertise to help you in areas such as:
- Being left out of a will
- Unfair division of an estate
- Challenging a fraudulent or invalid will
- Disputing a will signed under coercion
- Challenging conflicting wills
We have the expertise in writing wills, estate planning, challenging wills and a range of family law matters. We spend the time with you to make sure you know what you are entitled to and make sure you have the best outcome possible. In the last 40 years our independent and experience team has secured tens of millions of dollars for clients just like you.
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Frequently Asked Questions
Yes, it is possible to contest a will in Australia. This is commonly known as a ‘family provision claim’ and allows certain people who were left out of a will or inadequately provided for to apply to the court for a greater share of the deceased person’s estate. In order to contest a will, you must have a valid reason for doing so, such as being a spouse, child, or dependent of the deceased. It is recommended to seek legal advice from a lawyer specialising in estate law if you are considering contesting a will in Australia. If you are unsure or would like to know more, get in touch with us on (02) 4941 8970 or contact us for an obligation-free consultation.
If someone dies without a will in Australia, their estate will be distributed according to the laws of intestacy. This means that the assets will be distributed to the deceased person’s closest living relatives in a predetermined order set out by law.
In some cases, you may still be able to contest the distribution of the estate even if there is no will. For example, if you believe that you have not been adequately provided for as a dependent of the deceased, you may be able to make a family provision claim to challenge the distribution of the estate.
It is important to seek legal advice from a lawyer who specialises in estate law to determine your options for contesting the distribution of an intestate estate in Australia. They can help you understand your rights and navigate the legal process. That is where we are here to help. Get in touch today on (02) 4941 8970 or contact us for an obligation-free consultation.
In Australia, not everyone has the legal right to contest a will. Eligible individuals who may be able to contest a will include:
- a spouse or de facto partner of the deceased
- children of the deceased
- former spouses or dependents
- anyone who was financially dependent on the deceased
- anyone mentioned in a previous will or who was promised an inheritance.
Grounds for contesting a will in Australia can vary depending on the state or territory, but common grounds may include:
- Lack of testamentary capacity – if the deceased was not of sound mind when they made the will.
- Undue influence – if someone pressured or coerced the deceased into making or changing the will.
- Fraud or forgery – if the will was forged or fraudulently created.
- Failure to provide for dependents – if certain family members or dependents were excluded or inadequately provided for in the will.
- The will does not reflect the deceased’s intentions – if there is evidence that the will does not accurately represent the deceased’s wishes.
It is important to seek legal advice from a lawyer specialising in estate law if you are considering contesting a will. They can help you understand your rights, assess the validity of your claim, and guide you through the legal process. That is where we are here to help. Get in touch today on (02) 4941 8970 or contact us for an obligation-free consultation.
To obtain a copy of a will in Australia, you can follow these steps:
- Contact the executor: The executor of the deceased’s estate is responsible for handling the deceased person’s affairs, including the will. You can reach out to the executor and ask for a copy of the will.
- Contact the deceased person’s lawyer: If you are unable to get a copy of the will from the executor, you can try contacting the deceased person’s lawyer who may have a copy of the will on file.
- Search the public records: In some states and territories in Australia, you may be able to search the public records for a copy of the will. For example, in New South Wales, you can search the Probate Registry.
- Await probate: If the will is being probated, you may be able to obtain a copy of the will as part of the probate process. Probate is the legal process of proving and registering a will with the court.
If you are a beneficiary or have a legal interest in the deceased person’s estate, you may be entitled to receive a copy of the will. It is recommended to seek legal advice if you encounter any difficulties in obtaining a copy of the will. If you are unsure or would like to know more, get in touch today on (02) 4941 8970 or contact us for an obligation-free consultation.
If you contest a will in Australia, you may have different options for covering your legal costs, depending on the circumstances of your case and the specific arrangements you make with your lawyer. Here are some common ways in which legal costs for contesting a will may be covered:
- Estate pays costs: In some cases, if you are successful in contesting a will, the court may order that your legal costs be paid out of the estate. This means that the estate of the deceased person would cover your legal fees.
- No win, no fee: Whitelaw McDonald Lawyers offers a ‘no win, no fee’ arrangement for contesting a will. This means that you do not pay any legal fees upfront, and we will only get paid if you win the case. If you lose, you will not be required to pay legal fees.
It is important to discuss your options for funding your legal costs with us before contesting a will. We will advise you on the most appropriate payment arrangement based on your individual circumstances and the merits of your case. Get in touch today on (02) 4941 8970 or contact us for an obligation-free consultation.
How can we help?
Whitelaw McDonald has a dedicated, professional and experienced team of solicitors and support staff.