Treated unfairly?
Or left out of a will?
Give PK a call
Treated
unfairly?
Or left out of a will?
Give PK a call
Experience the
PK Simpson difference.
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.
We Pay For All Documents
The claim will require numerous supporting documents and may even need specialist DNA testing.
The Best Advice
With the best evidence, your claim will be maximised.
Act Fast & With Confidence
We have the brightest lawyers to make sure your case has the best chances of a successful outcome.
Word of Mouth
7 out of 10 new clients come to us because they’ve been referred by past and current clients.
No Win No Fee*
We don’t require upfront fees.
Don’t Be Left Wondering
A 12 month time limits applies from the date of death. Call us today to find out your options.
Contesting Wills in NSW
If you believe you haven’t been fairly treated in a will, it’s time to take these matters to legal experts. PK Simpson is a trusted law firm in NSW that will help you get the right outcome you know you deserve.
Contesting a will can be a difficult and emotionally taxing process, but upon a successful outcome, you’ll be assured that the deceased person’s estate is distributed in a way that is fair and reasonable to all relevant parties.
For excellent and leading legal advice that gets you the outcome you deserve in your will dispute case, contact our team at our nearby firm in Surry Hills, NSW today.
At PK Simpson, we pay for all the necessary documents needed to support your will dispute claim in New South Wales.
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.
Contesting A Will in New South Wales
When a will doesn’t reflect the expected distribution of assets or estate, this could be due to a number of different reasons. PK Simpson is here to help you establish how such wills may be influenced to result in an unfair outcome.
The grounds for contesting a will or challenge a will include the belief that the will was created under undue influence such as fraud or coercion, the deceased person wasn’t of testamentary capacity at the time of making the will, forgery, and more. If you’re seeking legal assistance in contesting a will in New South Wales, speak to none other than the experts at PK Simpson today.
At PK Simpson, 7 out of 10 new clients are referred to us by past and current clients in NSW and elsewhere.
We’ve built our strong reputation by ensuring our clients are assisted through excellent legal services that produce the best outcomes in their legal cases.
Contesting a Will in NSW, What Does the Court Consider?
When you contest a will in NSW you are disputing the will’s validity. There are four main
reasons to contest a will: undue influence, forgery, fraud, and lack of mental capacity
(a.k.a.testamentary capacity) to make the will.
The following information contains a brief account of the rules around contesting a will in NSW.
If the challenge goes to a Court, a judge will consider the following circumstances in place at the
time of the hearing:
- Your character, age, and your conduct will be considered, and also your relationship with the will-maker, how long you had that relationship, and what kind of relationship you had.
- Whether the deceased had any duty of care towards you or other beneficiaries.
- Whether you contributed to the deceased’s welfare or the estate, financial or not. The estate’s size and any liabilities will also be taken into account.
- Your assets and financial position and earning ability (and those of anyone living with you) including your current and future needs and those of other beneficiaries.
- Whether you are disabled either physically, mentally or intellectually – and whether any other beneficiaries are in similar positions.
- Whether or not you benefited from or were provided for from the deceased’s estate in your life.
- Whether or not you were wholly or partly maintained by the deceased before their death, on what basis and to what extent.
NSW Contesting Will Lawyers
To contest a will, our lawyers help you gather a range of necessary documents and evidence to support your will dispute claims. At PK Simpson, we guide you through the entire process of contesting a will even throughout this extremely emotional and sensitive period. We help you stay focused and advocate for the best outcome possible.
From case preparation, negotiation, mediation, and settling matters in NSW Courts, PK Simpson will be your advocate and ensure you receive the right outcomes for your wills dispute.
At PK Simpson, we don’t require you to pay any upfront fees.
Our excellent ‘No Win No Fee’ guarantee helps ease the financial burdens of contesting a will or challenging a will.
If you’ve been unfairly treated in a will, contact our PK Simpson legal team in NSW today.
Expert Solicitors For Contesting Wills
PK Simpson lawyers are the leading legal experts in New South Wales 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 fees 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. We assist with all types of will dispute cases in Surry Hills and near surrounding suburbs across NSW. Read more about our team here
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 provide excellent legal services, assisting you in all the legal matters you’ll need to be aware of when filing for your will disputes in NSW. Contact our team to help you get started on contesting a will today.
Frequently Asked Questions
It depends on how complicated the will is, and the jurisdiction because they all have different procedures. Out of court settlements are usually achieved after some six months in NSW and Victoria and two years in Qld.
It depends on how willing the parties are to settle out of court to save money on legal costs. However, most will contest cases are settled out of court which avoids the possibility of getting a judge who doesn’t view your case as deserving.
Some solicitors act for people from far afield and do most of the work on the phone, using facetime, emails etc. Mostly, however, people visit the solicitor’s office at least initially but it’s up to you if you don’t have the time or live far away and can’t afford to travel.
Costs depend on which lawyers you choose, and if your case is complicated it will add to the time and work involved – costs can vary from a couple of thousand dollars to millions. At PK Simpson, we have a ‘No Win No Fee’ policy, so if you lose it won’t cost anything.
In NSW, there is a time limit of 12 months from the date the will-maker died for their will to be contested.
Claiming family provision is the same as challenging or contesting a will. Family provision claims are for financial provision from the estate if you’ve been left out or a claim for more financial provision if your financial provision in the will is inadequate.
If a will is not an accurate reflection of the will-maker’s true intentions, it’s possible to make a legal, formal objection to challenge it, which is called ‘contesting’ a will. A contest to a will may be raised by an interested party on the basis that the will is not valid.
If you are eligible to contest a will, the Court will decide whether or not adequate provision has been made for you in the will. If it is satisfied that you’ve been treated unfairly, then the Court will make an ‘order for provision’ for you.
Those eligible according to each state’s law. Generally, though, you have to be a relative of the deceased or living in the same household. This is an oversimplification of eligibility since it is a complex area and it’s best to seek legal advice from PK Simpson Lawyers.
Generally, the costs come from the estate if the person contesting the will is successful. If unsuccessful, the claimant must pay the costs. If it goes to court, a judge may or may not order that costs be capped.
Contesting & Defending Wills
Our lawyers at PK Simpson provide excellent legal services nearby, assisting you in all the legal matters you’ll need to be aware of when filing for your will disputes in NSW. Contact our team to help you start the process of contesting a will today.
Be treated with understanding, compassion and the respect you deserve.
We will strive to get the best results for you, save you time, money and further emotional stress.
Want more information? We’ll call you
What Our Clients are saying
Don’t trust us, trust what our clients are saying.
7 out of 10 clients come to us because of the good things they have heard from past and current clients.
I would certainly recommend your company to anybody that I know or hear about who had a work related injury. Again many thanks to my lawyer, PK and everyone that helped over the phone.
I am writing this letter to compliment you on your law firm and my lawyer. I’d like to thank you for finalising a difficult situation and getting me a favourable outcome. When I first rung I did not expect a return call and was surprised and thankful when you contacted me. Since then everything has been very smooth and your proactive approach in contacting me, and I’m sure all your clients, kept me very happy and calm throughout.
Thank you to my lawyer and his team for taking care of me. Thank you PK Simpson Compensation Lawyers.