Will & Estate Disputes in Maitland & The Hunter Valley

Grounds for contesting a will

To contest a will in NSW, you must have standing (be an eligible person), and there must be valid grounds for contesting the will. Valid grounds can include:

• The deceased lacked mental capacity when making the will.
• The will was not properly executed or witnessed according to legal requirements.
• The deceased was unduly influenced or coerced into making or changing the will.
• The will does not adequately provide for eligible persons who were dependent on the deceased.

Family provision claims

Under the Succession Act 2006 (NSW), certain eligible persons may make a family provision claim if they believe they have not been adequately provided for in the deceased’s will or under intestacy rules. Eligible persons may include spouses, de facto partners, children (including stepchildren), and others who were dependent on the deceased.

Resolving estate disputes

Resolving estate disputes often involves negotiation, mediation, or court proceedings depending on the complexity and nature of the dispute. Our experienced estate dispute lawyers can assist you in:

• Assessing the strength of your claim or defence.
• Negotiating with other beneficiaries, executors, or trustees to achieve a fair resolution.
• Representing you in court if litigation becomes necessary to protect your interests.

At Hills Solicitors, we take pride in our over 125 years of experience and adaptability. Our clients can trust that we will continuously evolve and tailor our services to their changing needs. Our longevity is a testament to our ability to embrace new technologies and create cost-effective solutions for all legal issues. With our extensive knowledge and innovative mindset, we confidently assure our clients that we will always strive to exceed their expectations. Trust us to handle your legal matters with a forward-thinking approach and an unwavering commitment to your success.