NO WIN NO FEE CHALLENGING/DISPUTING A WILL IN NSW
Will disputes in New South Wales mainly arise in situations where;
1. A person challenges or contests the validity of the Will under the Succession Act 2006 (“the Act”), or,
2. A person contests a valid will on the basis that they are an eligible person under Chapter 3 of the Act.
Whether a Will is valid will require a Court to determine a number of issues. For example;
1.Were the formal requirements of the Act complied with when the Will was executed?
2. Is the Will the actual last Will of the deceased?
3. Was the Will altered after it was made by the deceased?
4. Was undue influence used to overbear the decision or capacity of the deceased?
5. Did the deceased have testamentary capacity at the time the Will was made?
Pursuant to Chapter 3 of the Act, an application may be made by an eligible person. An eligible person is defined in the Act. Eligible persons include;
- A spouse, or a former spouse.
- A person that the deceased was in a de facto relationship with.
- A child of the deceased.
- A person who was wholly or partly dependent on the deceased and was at a certain time a member of the same household as the deceased.
- A grandchild who was at a certain time wholly or partly dependent on the deceased.
Generally, legal fees in respect of will disputes, contested and challenged wills are paid from the estate. However, there may be situations where the Court finds that the contesting party acted vexatiously, unreasonably or without proper cause. In such circumstances the person making the application may be ordered to pay legal costs of the other parties to the litigation.
No Win No Fee Will Disputes and Contested Wills.
At Michael Green Legal we are a firm of no win no fee lawyers in Sydney New South Wales who are prepared to act for clients in no win no fee contesting wills or will disputes. Each claim in challenging wills on a no win no fee arrangement requires consideration of all the facts of the matter.
We reserve the right to determine whether a no win no fee contesting or challenging a will arrangement is viable. We require in no win no fee will disputes that the client act in accordance with our advice at all times. There may also be certain disbursements that the client will need to pay irrespective of the outcome of the claim. We are happy to discuss this with the client prior to the client entering a costs agreement with us. We are also prepared to act for defendants/respondents in no win no fee challenged, contested or disputed wills.
If you believe you may have a claim please contact us and we will arrange a conference with you to discuss the claim. This first conference is free and will last about 60 minutes.
Liability limited by a scheme approved under Professional Standards Legislation.