Managing your case when contesting a Will

Legal costs:  ('no win - no charge')

In most cases, Maurice Blackburn can act for you on a 'no win - no charge' agreement. This means that unless we get a result that benefits you, you will not pay our legal costs.

 

Settling out of court

Maurice Blackburn's aim is to resolve matters by a settlement wherever possible. This avoids bringing the matter to court, reduces legal costs, gets an early resolution, and preserves family relations by avoiding the stress associated with legal proceedings. In most settlements, legal costs are paid out of the estate. As we do our best to ensure that a fair result is achieved for you, we will advise that your case should proceed to court where it is in your best interest.

 

Time limits for contesting a Will

If you want to contest a Will, you must file a claim in court within six months of probate being granted or letters of administration being issued in Victoria; 12 months in the ACT and six months in WA. Probate is when the court certifies that a Will is valid and is the last Will and testament a person made. Letters of administration are issued if a person dies without a Will.

It is very important that you do not leave it too late to make a claim. Maurice Blackburn can check whether probate has been granted, or letters of administration issued.

 

Want to know more?

Watch Maurice Blackburn client Kathy Kolk tell her story of contesting her mother's Will.

Read stories from some people we have helped get a fair inheritance.

Read more on how we will handle your case, including acting for you on a 'no win - no charge' basis.

If you want to find out how to contest a Will, click here to contact one of our Will disputes lawyers, or call us on 1800 810 856. 

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