Contesting a will can be a stressful and complicated process. If you believe you’ve been unfairly left out of a family member or loved one’s will, you may be wondering if you can save money by contesting a will without a lawyer.
While it is legally permitted, handling a will dispute yourself puts you at risk of overlooking legal obligations or making mistakes – and that can end up cost you more in the long run. We’ve outlined the typical process for contesting a will, as well as just a handful of reasons why challenging a will is best left to the professionals.
Although not legally required, most people consult with a legal professional during the early stages of the dispute process to determine their eligibility and requirements for disputing a deceased’s will.
To successfully contest a will, it's crucial to collect as much accurate and relevant evidence as possible regarding your relationship with the deceased and your entitlement to a share of their assets. A lawyer can talk you through the required criteria that must legally be proved to contest a will.
In some cases, a settlement may be reached by negotiation between parties before the will dispute goes before the Court. Settling before court proceedings begin can be a cost-saving measure, but it’s nonetheless important to seek professional legal advice at this stage to ensure you are protected should the other party decide to go against your claim in Court.
During the mediation stage, your lawyer must file initiating documents in the form of summons and affidavits. As part of the mediation process, the executor of the estate is required to provide a list of the estate's assets, their value of each and the current total value of the estate.
There are a wide range of factors that the Court will consider when making a decision, which is why it’s advisable to have legal representation present.
The short answer is yes, but there are several reasons why contesting a will on your own isn’t recommended:
Contesting a will on your own increases the chances of you not meeting all your legal requirements or overlooking key evidence that could be used to prove your case. A lawyer with experience in contesting wills will be well versed in the nuances of the legal system and what’s required for your case.
Many will disputes are settled before they reach Court. Having a lawyer on your side is crucial for navigating the mediation process and helping you achieve a favourable outcome as quickly as possible.
Losing a loved one or family member is difficult at the best of times, let alone having to worry about contesting a will. Enlisting the guidance of a lawyer takes the pressure off and gives you peace of mind that the dispute is being handled by a professional.
While you might think the average cost to dispute a will is lower if you represent yourself, you'll still need to pay upfront costs such as court charges, administration costs and investigation expenses when pursuing a claim. And, if you dispute a will yourself and your claim is unsuccessful, you won’t be able to recoup these costs.
Losing a family member or a loved one is an incredibly difficult time. In some situations, the death of someone close to you is made even more challenging when you believe you haven’t been fairly accounted for in that person’s will.
In NSW, you are entitled to challenge or contest a will under a family provision claim. Below, we’ve answered some of the most common questions when it comes to contesting or challenging a will in NSW. Keep in mind, though, that it’s best to seek advice from legal professionals if you are considering contesting a will.
What is a will?
A will is a…
RACHAEL Abbott, a stockperson who worked at the Caroona Feedlot in 2014, is the lead claimant in an action against the makers of the Hendra vaccine, Zoetis Australia and the law firm representing Ms Abbott predict there may be 500 or 800 claimants who will take part in the class action which has been lodged in the Federal court.
Michael Hyland, Special Counsel, with LHD lawyers, and Barrister, John Rowe, respond to questions from the ABC about the firm’s class action on behalf of owners of horses badly affected by the Hendra Virus vaccine.
LHD Lawyers have commenced a class action in the Federal Court of Australia alleging that pharmaceutical manufacturer, Zoetis Australia PTY Limited, failed to properly trial and test its Equivac HeV vaccine before it was administered to horses Australia wide beginning in 2012.
LHD Lawyers commenced a class action under the direction of Michael Hyland and his team in the NSW Supreme Court. The allegation of liability was against Rolls Royce for negligent design, construction and installation of the engine.
LHD have continued to pursue the QF32 class action in the Supreme Court of New South Wales.
In 2012 the NSW Government introduced a number of changes that affect workers’ rights in NSW.
As part of those changes, the Government sought to limit a Workers entitlement to receive weekly payments to a maximum of 260 weeks unless a Worker has a Whole Person Impairment (“WPI”) of at least 21%.
At LHD Lawyers, we are passionate about seeking compensation for these victims and their families. Although compensation doesn’t always help to take away pain, it can help make life easier and get you back on track.
No matter where or when you drive, there are always dangers that come with everyday driving. Read more to find out the what roads made up of Australia's top ten.
When an automated plane system fails, it falls on the pilots to correct the issue, ensuring all passengers are safe. In the rare occasion when a pilot cannot take manual control over the plane, it insights fear and confusion. Experienced pilot, Kevin Sullivan was faced with this situation in 2008 while flying the Qantas Flight 72, carrying 303 passengers.
The Australian Transport Safety Bureau is investigating a significant incident involving AirAsia X Flight D7237 which was operating from Perth, Western Australia to Kuala Lumpur, Malaysia on Sunday, 25 June 2017.
If you have had to stop working due to injury or illness then you may be able to claim Total and Permanent Disability.
Australian authorities are in the beginning stages of investigating a serious aviation incident on QANTAS QF29 service between Melbourne and Hong Kong on April 7, 2017.
While it may seem fine to rush into starting a business straight away, there are a few things you need to consider when it comes to business partnerships. We've listed 4 important points you should consider.
Our team of lawyers have put together some points that you should take into consideration when deciding what to do with your Superannuation. Read more.
Total and Permanent Disability (TPD) insurance cover pays a lump sum to a person if they suffer from an illness and injury which prevents them from working. This insurance is often attached to death cover which is offered through a superannuation fund. Superannuation is compulsory in Australia and every person who works or has worked at some point in their life will be a member of a superannuation fund which their employer would have contributed to.
Car accidents can happen any time, any place, to anyone. Even the most skilled drivers have car accidents. If you have been recently involved in a car accident, make sure to contact an LHD legal representative as soon as possible.
LHD Lawyers are pleased to announce the opening of their new Perth office. The new office was officially opened on Wednesday 14th September 2016.
LHD Lawyers are pleased to announce their new Port Macquarie location, effective as of Friday, 2nd September, 2016.
Family members of all flight crew and passengers on board the ill-fated Malaysian Airlines flight MH17 could be involved in an Australian class action, even if they reside overseas, according to Federal Court documents.
On Friday LHD and I fired the first shot in the battle for dignity in the long conflict over the lost victims of MHA 17. A Summons was filed in the NSW Supreme Court asking for a clear and complete declaration of the damages which Australian Plaintiffs could recover for their lost loved ones. Malaysian Airlines and their representative have not been clear or complete.
Late on Friday, July 17, 2015 LHD lawyers filed the first action against Malaysia Airlines in the Supreme Court of New South Wales asking the Court to clarify and complete the law found in the Commercial Aviation Civil Liability Act or "CACL" as amended in 2008.
Katie Thomas from our Port Macquarie office for LHD Legal recently featured in Day 19 of the Women in Business Profiles. Read more about what makes Katie a standout in Port Macquarie and her best quote for women in business.
The picture is not getting any clearer with the recent accouncements by Malaysian Airlines regarding MH Flight 370 and the now apparently limited distribution of the MH Flight 17 settlement flow chart.
If you’ve lost a family member to an air disaster, you’ve known devastation and loss on an enormous scale. And you’re probably more than a little confounded by promises made by recalcitrant airlines, panicked insurers and case brokers who will say all manner of things because of the money involved.
Have you, or someone you know, been affected by the Malaysian Airlines MH 17 disaster when the plane was shot down over the eastern Ukraine on 17 July 2014?
Have you, or has someone you know, been affected by the MH 17 Malaysian Airlines disaster when the plane was shot down over the Ukraine on 17 July 2014? LHD Lawyers working with their U.S. Aviation Attorney and Co-Associate, Jerry Skinner, are ready to provide legal assistance where required to the families of those lost on MH 17.
The Class Action claim being litigated by LHD Lawyers in respect to the QF32 incident which occurred on 4 November 2010, continues to progress in the Supreme Court of New South Wales.
On 29 April 2013, the NSW Court of Appeal handed down its decision in the workers compensation test case of Ronald Goudappel v ADCO Constructions. The Court found in favour of the injured worker in its first case that concerned how the new amendments to the Workers Compensation Act 1987 (‘the Act’) affected rights to lump sum claims for permanent impairment. This is a very significant decision, which has been long awaited by many workers adversely affected by the new amendments which took effect on 19 June 2012.
LHD Lawyers act for Sandy Lam the lead plaintiff in a NSW Supreme Court class-action damages claim. Rolls-Royce PLC is the defendant. Our client alleges that she suffered psychological injuries as a result of the QF32 incident which occurred on 4 November 2010. QF32 was a Qantas A380 aircraft operating from Changi Airport, Singapore to Sydney. The aircraft was equipped with Rolls Royce engines. Sandy Lam was one of the QF32 crew members.
The Workers Compensation Act was substantially amended in June 2012 with one of the major changes affecting weekly payments. Prior to the changes workers were entitled to claim weekly compensation as a result of injuries sustained at work. The payments were payable until retirement age provided:
Prior to the 2012 legislative changes you were able to claim for your reasonable and necessary medical expenses that relate to the injury for life. Those expenses included items such as doctors visits, scans, medicals and therapy. Under the changes, although those benefits are still available they are now limited in time after the injury. Essentially they can now be claimed for up to twelve months after the injury or up to twelve months after weekly payments cease.
The Workers Compensation Amendment Act 2012 was introduced and passed in Parliament in June 2012. The changes were introduced, according to the state government, to reduce the workcover deficit which was unsustainable.
The workers compensation changes have made substantial changes to your entitlements to claim lump sum compensation where you have sustained injury in the workplace. Prior to the changes you were able to claim two lump sums, one for the permanent impairment and one for pain and suffering. The first lump sum was able to be claimed regardless of the impairment percentage and if you were over a 10% whole person impairment threshold then you could claim the second lump sum for pain and suffering.
There are many occasions when injuries can occur at work for no reason and not due to anyone’s fault. It is just one of those things, and the Workers Compensation Act is there to provide some initial benefits to assist workers in those situations. The question however is when do you know when your employer should have done something to avoid the injury.
ecent amendments to the Workers Compensation Act 1987 (NSW) have severely disadvantaged NSW Workers. One such amendment is an injured worker’s right to claim compensation for injuries sustained whilst travelling to and from work.
LHD Lawyers, the Compensation Specialists, are pleased to announce the recent opening of their first regional office at 15 Pulteney Street Taree. A decision was made to open an office in Taree when it became apparent that the needs of the Taree locals and the surrounding areas were not being met with comprehensive, or even appropriate, levels of legal advice, availability and/or service. Furthermore, Taree is a centre of vibrancy and growth which LHD Lawyers wishes to be a part of.
Are you the ultimate “nervous Nellie” on flights? If so, like I, you probably torture yourself with questions like; does this turbulence mean the plane is about to fall out of the sky? Why not fly above the clouds? Doesn’t the Captain realise that a mountain could be hidden in there? The plane does not seem to be slowing down, is the runway going to be long enough? Even more paranoid if you live under a flight path is the vision of a landing ending with a set of very large Dunlop tyres removing the roof of your house.
On 7th March 2012 the High Court delivered the eagerly awaited Judgment in the matter of Strong v Woolworths. The Court found in favour of Mrs Strong and reinstating her original award for damages. This was a great result and one which Mrs Strong has waited a long time for.
If you have been involved in a motor vehicle accident, it is very important to ensure you adhere to the strict time limits imposed by the Motor Accidents Compensation Act 1999. There are various time limitations for lodging a claim, which are explained as follows:
Slipped over in a Shopping Centre? Read about the most recent law LHD Lawyers has been involved in one of the leading cases in public liability law. The matter of Strong v Woolworths is presently before the High Court to determine the law relating to circumstances where someone slips over in a public place such as a shopping centre.
In our experience, it is not unusual for an injured worker to have limited knowledge of their entitlements under the NSW Workers Compensation Act ("The Act"). However, most workers do not appreciate the geographical extent of the "safety net" provided by the Act. Depending on the facts of an individual claim, the protection provided by the Act potentially extends to injuries suffered by NSW workers interstate and overseas.