Contesting an Estate

If you feel you have not been adequately provided for by a loved one in their Will, or you have been left out of it completely, you need Goodman Group Lawyers URGENTLY. Almost anyone can challenge a Will, but there are very strict time limits in place to do so. This means that in order to preserve your rights, you must act as soon as possible after your loved one’s death to ensure you don’t lose that right.

What’s involved when contesting an Estate?

At Goodman Group Lawyers, we have the knowledge and experience to smoothly guide you through each step in the process of ccontesting an estate.

Usually, the first step involves us advising you on whether or not you have a claim and, if so, how much the claim is worth.  From there, we help you lodge the necessary legal documents on time and then go about trying to resolve the dispute on your behalf in a timely and efficient manner.  We are often required to appear on behalf of our clients at mediations, and we find most Will disputes are settled at this stage.

Our overall aim is to minimise stress and emotional anguish in these matters and, most of all, to represent your best interests so you walk away satisfied.

Who Can Contest An Estate?

The law states that an ‘eligible person’ can make an application to the court to contest an estate. An eligible person is defined as:

  • Spouse or domestic partner
  • Former spouse or domestic partner
  • Child or stepchild
  • A person who believed they were a child of the deceased
  • Registered caring parent
  • Grandchild; or
  • Household member of the deceased

Act Now – Time is Limited

There are very strict time limits in place to dispute an estate. An application needs to be made within six months from the Grant of Probate or Letters of Administration. In some circumstances an application can be made to the court should you contest the estate outside of this time period. In order to preserve your rights, you must act as soon as possible. Negotiations can commence as soon as possible and mediation can also help in resolving disputes. This will assist in any avoiding a costly court case.

It’s important to remember that this process does not have to be a battle; the aim is to work amicably with all parties involved and reach an outcome that satisfies you while avoiding taking it to court whenever possible.

Explore Probate & Contested Estates

Probate      |      Letters of Administration      |      Estate Administration      |      Contesting An Estate      |      Defending An Estate