• The Process

    Unpacking the process of contesting a Will

It is not unusual for someone who has never encountered this situation before to feel a little overwhelmed and confused about where to start and what the process is to see the matter through to completion.

Our proven 5 Step process will guide you from start to finish.

Step 1 – Get in Touch With Us

It’s important you seek legal assistance early as time limits apply to making a claim.

Step 2- Book Your Free Claims Assessment

The purpose of the Claims Assessment is to establish quickly whether you have sufficient grounds for a successful claim. You’ll talk with one of our Will Disputes experts, who’ll capture as much detail about your situation as they can to help determine the likelihood of a successful claim.

The Claims Assessment is completely free and there is no obligation to utilise our services should you wish to make a claim.

Step 3 – Initiate The Claim

If, following your Claims Assessment, we believe your claim has a high probability of success as a Family Provision claim, and you wish to proceed, we will contact the executors of the Will and notify them of your claim.

If we determine you are unlikely to succeed in a Family Provision claim, we will advise why and offer alternative courses of action.

Step 4 – Prepare the Claim

In preparing your claim we will work with you to collate all necessary evidence, determine the size of the Estate and craft an offer of settlement. Our aim is to settle the matter, to your satisfaction, without going to court.

Step 5 – Resolution

Once proceedings have been initiated settlement will be reached in one of three ways:

  • Through agreement at Step 4;
  • Through a mediated process at Step4; or
  • Via a Court hearing.

To learn more about contesting a Will download our free guide here.

To determine whether you might have a claim get in touch with one of our Will Disputes experts and book yourself in for a FREE Claims Assessment.

Have further questions or enquiries? Get in touch today.

Contact Us

Want to speak with an expert Wills & Estates Lawyer? Get in touch today.

Contact Us