Goldman lawyers complete guide to contesting a will, mental capacity and elder abuse
There are two different areas of the law.
There is a big difference between ‘contesting’ a ‘challenging’ a will.
Where a will has been made by someone without capacity, or under undue influence, it may be able to be challenged and set aside.
To challenge a Will is to dispute a will, or to say that the will itself should be struck out. These types of cases usually arise when the person who made the will was suffering from a mentally degenerating disease, or they were put under pressure to change their will.
Contesting a will or inheritance
Contesting a will is when you have been left out of a will, or feel you have been treated unfairly in a Will – to ‘right such wrongs’ so to speak, you would make a family provision application.
If you are contesting a will or contesting an inheritance, click below to our contesting an inheritance page.
Contesting a will made easy
Contesting a will can be a intimidating process. Goldman make it simple, an transparent AND achieve outstanding results.
At Goldman Lawyers we successfully Contesting wills on behalf of our clients on a no win no fee basis. Contact one of our senior lawyers today have a discussion.
You must act quickly. There are time limits. In some cases act before probate; in other cases between 6 and 12 months after death.
Standard costs if you don’t use “No Win No Fee”
1. Contesting wills
2. Making a family provision claim
The costs of contesting a will then will need to be covered upfront if you don’t choose the no win no fee option. If your case is successful, your costs may be reimbursed by the estate and if you progress to court, then if successful, the court will generally rule that the estate must pay party/party costs or ‘ordered’ costs which will usually cover about 70% of your solicitor/client costs.
You will then need to pay the rest out of your allotted share of the estate.
- The type of claim you are making and the value of the estate?
- The nature and extent of any complications surrounding your claim?
- How open the executor is to negotiating a settlement to avoid court?
The average cost to contest a ranges from $5,000 – $12,000 if the matter stays out of court. If the matter goes to court, the average cost to contest a will would typically be $20,000 – $150,000.
Costs typically will vary on a case by case basis, some factors are:
Family provision claims finalised through mediation, the average cost will be around $30,000.
However, if you end up in court, this can increase to more than $50,000 including the costs of junior barristers and more for senior barristers, if required.
Getting a copy of the will?
If you need a copy of a will, contact the executor or the solicitor acting for the estate and failing that contact us to obtain the will for you and/or start proceedings.
In NSW, the following persons are entitled to inspect or be given a copy of the deceased’s will:
- Any person named or referred to in the will;
- Any person named or referred to in an earlier will as a beneficiary;
- The surviving spouse, de-facto or issue;
- The parent or guardian of the deceased;
- Any person entitled to a share if the deceased has died intestate;
- Any parent or guardian of a minor referred to in the will or who would be entitled to a share if the deceased died intestate;
- Any person/creditor who may have a claim against the deceased;
- Any person with management of the deceased’s personal estate immediately before death;
- An attorney under the deceased’s enduring power of attorney;
- Any person belonging to a class of persons prescribed by regulations.
In the event the deceased died intestate (without a will), an application for letters of administration must be made.
What makes Goldman lawyers different to other law firms?
- We are careful as to the clients we take on for a no win no fee option and if you are taken on by us you will be treated in a transparent and exemplary way.
- We are not a ambulance chasing or funeral chasing law firm.
- In many of the other firms, this is the majority of their business so you are just a number. They are into the business of the mass production of personal injury, now morphing into no fee claims for estate challenges.
- You will deal with a senior lawyer or a senior partner you can call at any time and who will keep you informed as to what is going on in your matter.
- We deal with many complaints from clients who have gone to the mass production sausage factory law firms and we provide a tailored approach to your personal needs. This means we don’t take on every client but the clients we do retain our provided with exceptional service and exceptional legal strategy.
Call or contact us now for a no obligation discussion with a senior partner or senior estate lawyer
Forcing changes to a will may be elder abuse
Harm may also be seen where the relevant conduct is directed towards personal benefit after the older person’s death. Forcing or coercing changes to a will, for example, is included in some lists as financial abuse.
Example of some NSW laws to protect elders
- Guardianship Act 1987
- Guardianship Regulation 2010
- Mental Health Act 2007
- Mental Health Regulation 2013
- Powers Of Attorney Act 2003
- Powers of Attorney Regulation 2011
- Property (Relationships) Act 1984
- Property (Relationships) Regulation 2005
- Real Property Act 1900
- Real Property Regulation 2014
- Status Of Children Act 1996
- Status of Children Regulation 2013
- Superannuation Industry (Supervision) Act 1993
- Trustee Act 1925
- Trustee Regulation 2005
- NSW Trustee and Guardian Act 2009
- NSW Trustee and Guardian Regulation 2008
Contact our senior lawyer’s immediately and directly!
Contact one of our senior lawyers immediately- if there is intentional or unintentional elder abuse for no obligation advice!