Wills & Estates
Trusted Will Dispute Lawyers in Penrith — We Put Families First
The death of a loved one is a trying time. Emotions run high, and tension can develop between those who remain. As compassionate legal specialists, Malcolm Murray & Associates can help you understand whether you can contest a will, the steps involved, and alternative methods to resolving matters quickly and respectfully.
Contesting a Will
If you’ve been left out of a will or believe you’ve been given an unfair amount of inheritance, you may be able to make a claim against the estate.
Wills & Estates Services
Who Can Dispute a Will?
People who may be eligible to challenge a will include current or former spouses and partners (including de facto), children and stepchildren, other close relatives, and dependents who relied on the will-maker.
- Wife or husband
- Defacto or same sex partner
- Former spouse or defacto partner
- Child, stepchild or grandchild
- Parent of a child of the deceased
- Parent of a child of the deceased
- Parent, brother or sister
- Someone who was financially dependent on the deceased
- Carer of the deceased
Is There A Time Limit?
Yes, there is. You have only 12 months from the date of death to make a claim. In certain situations, we can secure an extension, however. Contact our will dispute lawyers in Penrith and Western Sydney to understand more/ get advice early.
What if I Don’t Believe theWill Was Valid?
You can challenge the overall validity of a will if:
- You believe it’s a forgery
- Your loved one lacked the mental capacity to make a will
- There was undue influence or fraud involved.
How do I make a claim?
First, contact a lawyer who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents, and make an offer to the executors. Many claims are settled through negotiation at this stage. Our experienced estate lawyers in Penrith can guide you through this process efficiently and with clarity.
If the matter isn’t resolved then we can lodge documents with the court to initiate proceedings. We can still negotiate and in some cases, mediation will be required by the court.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented and the judge will make a decision.
Let Us Help
Contesting a will can be a complex and emotionally-charged process. That’s why you need experienced legal professionals like Malcolm Murray & Associates to guide you. Our will dispute lawyers in Penrith are skilled negotiators who can help you avoid costly court fees or litigate when needed. Working with trusted estate lawyers in Penrith, you can be confident your claim is handled professionally and with attention to detail.
You deserve a fair negotiated outcome. Let Malcolm Murray & Associates point you in the right direction. Please call Malcolm Murray & Associates on (02) 4732 4188.
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