Will Disputes

Whether you are an executor or beneficiary of a will, our Will Dispute Lawyers at PK Simpson will help you resolve your matters and allow for the best outcome for your individual circumstances. Will disputes can occur at extremely distressing and traumatic periods, but we believe this is when you need us most to provide stress free legal advice and enable you to make informed decisions to ensure your will disputes are successful ones.

Will disputes can arise due to many reasons, but most, if not all of them arise due to the underlying belief that the will is not truly reflective of how the deceased person’s estate should be rightfully distributed.

Such will disputes can be caused by

• The belief that the deceased person was not of sound mind or was incapable of making their own decisions when writing their will.
• How the deceased person may have affected because of undue influence when making their will.
• Uncertainties and beliefs of misinterpretation of a deceased person’s will.
• Failure to make adequate provision for family members or dependents under NSW succession law.

There are many other grounds to which disputes of wills occur. Our aim as your lawyers at PK Simpson is to succeed in your will disputes and provide excellent results that you’re happy with. Regardless of whether you’re wanting to dispute a will or defend a challenged will, PK Simpson lawyers will outline a clear and informative legal process to get you the outcome you’re after.

Whatever your will dispute may be, our expert lawyers at PK Simpson will ensure you receive the best possible outcome for your situation. We will provide clear and detailed guidance on how to approach your will disputes throughout the entire process.

Critical Time Limits 

In NSW, you have only 12 months from the date of the deceased person’s death to commence a family provision claim in the Court. This is an absolute deadline – if you miss it, you will lose your right to challenge the will permanently, unless you can obtain an extension of time from the Court (which is difficult and requires exceptional circumstances).

If you suspect you have a claim, it is essential to contact a will dispute lawyer immediately – delaying even a few weeks could put your entire claim at risk. Our team at PK Simpson acts quickly to protect your legal rights. Contact us on 1300 757 467 to discuss your case.

Family Provision Claims 

The most common form of will dispute in NSW is a family provision claim. Under the Succession Act 2006 (NSW), an “eligible person” can apply to the NSW Supreme Court if they believe they have not been provided with adequate financial provision for their proper maintenance, education, or advancement in life.

Eligible persons include spouses, de facto partners, children (including adult children), grandchildren who were dependent on the deceased, and individuals living with the deceased in a close personal relationship at the time of death. If you fall into one of these categories and were not adequately provided for in the will, you may have grounds to challenge the distribution of the estate.

We’ll ensure you are met with an outcome for your will dispute case which properly reflects how you’d believe the deceased person’s will should be distributed to relevant beneficiaries.

We work with your circumstances and understand that the process can get quite taxing and stressful. This is why we offer a ‘No Win – No Fee’ guarantee, so you have peace of mind that you’re only paying for the outcome you want. Contact our Will Dispute Lawyers at PK Simpson today

We work with your circumstances and understand that the process can get quite taxing and stressful. This is why we offer a ‘No Win – No Fee’ guarantee, so you have peace of mind that you’re only paying for the outcome you want. Contact our Will Dispute Lawyers at PK Simpson today