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You’re in safe hands with PK Simpson. 7 out of 10 clients are referred by past or current clients.

We’re big on keeping our clients up to date and supported throughout a claim. Your lawyer and secretary will look after you at all times and make sure you’re happy with the process and the way forward.

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The claim will require numerous supporting documents and may even need specialist DNA testing.

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7 out of 10 new clients come to us because they’ve been referred by past and current clients.

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A 12 month time limits applies from the date of death. Call us today to find out your options.

Contesting Will Lawyers

If you believe you haven’t been fairly treated in a will, especially as a family member in New South Wales, it’s time to take these matters to legal experts. PK Simpson is a trusted firm of will dispute lawyers who specialise in contesting wills in NSW. Our experienced team understands the complexities of the process and can guide you through the challenging and emotionally taxing journey.

As an eligible person contesting a will, it’s crucial to have the right legal representation to ensure that your rights are protected. PK Simpson’s will dispute lawyers are dedicated to helping you achieve the fair and reasonable outcome you deserve.

Our expertise in navigating contested wills in New South Wales makes us the ideal choice to assist you in this sensitive matter. Trust PK Simpson to advocate for your rights and address your concerns throughout the contesting process.

Contents
  1. Experience the PK Simpson difference.
  2. Grounds For Contesting A Will
  3. What Are the Challenges That Can Be Made To a Will?
  4. Family Provision
  5. Contesting a Will, What Does the Court Consider?
  6. Contesting Will Lawyers
  7. Expert Solicitors For Contesting Wills
  8. Frequently Asked Questions
  9. What Our Clients are saying

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    At PK Simpson, we pay for all the necessary documents needed to support your will dispute claim. From the initial consultation to the outcome,

    our contesting will lawyers at PK Simpson make the process faster, clearer, and ensure you’re fully informed with the right legal advice.

    Grounds For Contesting A Will

    When a will doesn’t reflect the expected distribution of assets or estate, this could be due to several different reasons. PK Simpson, an Australian firm of contesting a will lawyers, is here to help you establish how such wills may be influenced to result in an unfair outcome.

    Contesting a will due to undue influence is one of the grounds on which you can successfully challenge a will. Our skilled Australian lawyers specialise in contesting wills, addressing issues like forgery, fraudulent creation, testamentary capacity concerns, and coercion.

    At PK Simpson, we understand that these situations can be challenging, and we operate on a no-win-no-fee basis for contesting a will. If you believe your legal rights as a spouse or domestic partner have been compromised in the will of a deceased person, it’s essential to seek legal advice from our dedicated dispute lawyers. Trust PK Simpson to provide expert guidance and representation to navigate the complexities of contesting a will in Australia.

    At PK Simpson, we pay for all the necessary documents needed to support your will dispute claim. From the initial consultation to the outcome, our contesting will lawyers at PK Simpson make the process faster, clearer, and ensure you’re fully informed with the right legal advice.

    What Are the Challenges That Can Be Made To a Will?

    Challenges to a will can arise for various reasons, and individuals may contest a will based on specific grounds. Some common challenges to a will include:

    • Lack of Testamentary Capacity
    • Revocation
    • Ambiguity or Uncertainty
    • Family Provision Claims
    • Improper Execution
    • Forgery or Fraud
    • Undue Influence

    Challenging a will can be a complex legal process, and individuals contesting a will often seek the assistance of will dispute lawyers to navigate these challenges and present their case effectively. The specific grounds for contesting a will can vary depending on the jurisdiction’s laws.

    Family Provision

    Family provision is also known as a family provision claim or a testator’s family maintenance claim. This allows certain eligible individuals to challenge the provisions of a will if they believe they have not been adequately provided for by the deceased.

    From the point of view of a will-contesting lawyer, the family provision claim typically involves the following aspects:

    Family provision is also known as a family provision claim or a testator’s family maintenance claim. This allows certain eligible individuals to challenge the provisions of a will if they believe they have not been adequately provided for by the deceased.

    From the point of view of a will-contesting lawyer, the family provision claim typically involves the following aspects:

    • Eligibility Assessment
    • Inadequate Provision Evaluation
    • Legal Grounds Identification
    • Mediation and Negotiation
    • Court Proceedings Initiation
    • Evidence Presentation
    • Legal Arguments
    • Court Decision
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    Contesting a Will, What Does the Court Consider?

    In any challenge or will contest, the court’s priority is establishing your financial need, although in Australia, each state has a different rule. When contesting a will in NSW, consulting a will dispute lawyer is essential to understand the specific grounds applicable to your situation.

    The following advice covers all states, so at the time of the hearing, the court will consider:

    • Your age, behaviour, and personal attributes will be carefully considered, along with your connection to the individual who created the will. Factors such as the length and nature of your relationship with the deceased, as well as any obligations they may have had towards you or other beneficiaries, will also be taken into account.
    • In the context of contesting a will, it’s crucial to be aware that strict time limits may apply, and family members should be mindful of initiating court proceedings within the specified timeframe. Also, the Family Law Act may have implications on how family relationships are assessed in the context of will disputes.
    • Whether you played a role in the well-being of the deceased, provided contributions to the deceased person’s estate—whether financial or otherwise—and took into account the size of the estate and any associated liabilities. It’s essential to evaluate if you fulfilled a moral duty and consider if you’ve been treated unfairly, particularly if you were a registered caring partner. Your earning ability and financial needs (and those of anyone living with you), plus your present and future needs, along with those of other beneficiaries.
    • Whether you have any physical, mental, or intellectual disability and whether any other beneficiaries have such disabilities is a crucial consideration. Ensuring the will-maker was of sound mind is vital in this evaluation.
    • Seeking legal advice from a contesting a wills lawyer can help navigate complex matters, including reviewing medical records to ascertain the mental capacity of the will-maker. This is particularly important when determining the eligibility of people involved in the will dispute.
    • If you ever benefited from or were provided for by the deceased’s estate in your lifetime.
    • If you were wholly or partly maintained by the deceased before their death, to what extent and on what basis.

    Contesting Will Lawyers

    To contest a last will, our contesting will lawyers at PK Simpson assist you in gathering a range of necessary documents and evidence to support your family provision claim. In this legal matter concerning the estate, we guide you through the entire process, even during this extremely emotional and sensitive period following the date of death.

    From case preparation to negotiation, mediation, and settling matters in the courts, PK Simpson will be your advocate. We ensure you receive the best outcome for your family provision claim and navigating the complexities of contesting a will. Our experienced team is dedicated to helping you stay focused and achieve the optimal result in your contest.

    At PK Simpson, we don’t require you to pay any upfront fees. Our ‘No Win No Fee’ guarantee helps ease the financial burdens of disputing a will or challenging a will in which you’ve been unfairly treated. Contact our legal team today.

    Expert Solicitors For Contesting Wills

    PK Simpson lawyers are the leading legal experts when it comes to contesting wills and will disputes. We back up our services with a ‘No Win No Fee’ guarantee, meaning you’re not required to pay any legal costs until you get the successful legal outcome you’ve been longing for.

    Our team of leading lawyers and solicitors will help you become informed and prepared for everything you’ll need to rightfully win a wills dispute case, especially when dealing with issues like a testator’s family maintenance or a family provision claim.

    If, for whatever reason, we aren’t successful in your will dispute claim, you’ll be assured you won’t have to pay any legal fees. Our lawyers at PK Simpson understand the specific challenges that may arise when contesting a will in NSW, and we are here to guide you through the process, ensuring your legal rights are upheld. Contact our team to help you get started on contesting a will today and receive the due assistance you deserve.

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      Frequently Asked Questions

      To minimise the risk of someone contesting a will in Australia, ensure the will is professionally drafted, clearly communicate the testator’s intentions, and consider providing explanatory documents. Additionally, maintaining open communication within the family about the distribution may help prevent disputes.

      In contested will cases, legal costs are typically paid from the deceased person’s estate. If successful, the court may order the losing party to contribute to the legal costs, but this varies based on jurisdiction and individual circumstances.

      Contesting a will’s duration varies, but it can range from a few months in simpler cases to a year or more for complex disputes involving court proceedings.

      The most common grounds for contesting a will include claims of lack of testamentary capacity, allegations of undue influence or coercion, and disputes over the equal distribution or inadequate provision for family members, especially spouses and children. Legal proceedings may also be initiated if there are concerns about the authenticity of the will or if it was not executed following legal formalities.

      The statute of limitations for contesting a will is usually 1 year after the deceased’s death or grant of probate but this can vary due to other factors. It’s crucial to seek legal advice promptly, as delays may impact the ability to contest a will within the specified timeframe.

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        7 out of 10 clients are referred by our current clients.

        “I’m so happy to have found the team at PK Simpson. They helped me when I was going through one of the toughest times of my life. When my claim settled I ended up with a compensation payout which allowed me to keep my family home. Would recommend 100%”

        Sammy Dickson
        a month ago

        “I have received the cheque and paperwork. Thank you very much! I really appreciate what you have achieved.”

        Fred, Erskineville NSW
        a month ago

        “Thank you so much. I definitely will stay in touch. You always manage to help so thank you very much from both my father and I. We really appreciate your help and the whole team.”

        Rasha, Heckenberg
        a month ago

        “The very friendly team at PK Simpson has helped me complete three TPD claims. They have helped in all aspects from professional courtesy to contacting me in regards to appointments. I strongly recommend that you go with PK if you’re in need of any help.”

        Semi, Blacktown NSW
        a month ago

        “I am very, very thankful to PK Simpson for helping me get my TPD claim approved. This has changed my life. All my debts are paid off. I still have funds to secure my future.A very special thanks to my TPD solicitor and secretary for all the help and follow up you did.”

        Ahmed, West Hoxton NSW
        a month ago

        “I have received your letter with attached cheque. I wanted to thank you for finalising my matter so quickly. It is very much appreciated. All the best to my TPD team.”

        Kurt, Adelaide SA
        a month ago

        “Thank you so much I have gone through a lot. This will help me in a lot of ways physically and mentally. I’ve sent some flowers to show my appreciation.”

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        a month ago

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