WillClaim is a team of specialist Will dispute lawyers, servicing individuals and families across NSW.
The WillClaim team have 45+ years of combined experience in estate litigation. The team are proud of their record, resolving over 90 per cent of cases for their clients without the need for court action.
Our lawyers deliver affordable, professional advice in a convenient manner. We can assist with:
The WillClaim team believes that everyone deserves quality legal counsel – no matter your postcode or your income. We embrace the opportunities that online technology provides and are proud to offer easy-to-use video conferencing facilities to all of our clients, including remote and rural clients.
Wherever you are located, WillClaim can help.
I was exceptionally happy with the service I received from start to the finish of the proceedings. In the final court hearing, the team treated us like family. They were very professional at their job but at the same time very supportive.
My family and I are forever grateful to the team and we believe that we wouldn’t have achieved such an amazing outcome without their expert advice.
Rachel and her team provided me with excellent advice and service when I was contesting my father’s Will. They supported me throughout the process and I really felt that they cared about the outcome.
I would recommend them to anyone who finds themselves in the unfortunate position of having been unfairly treated in a Will.
Rachel Roberts is competent and compassionate, responsible and responsive.
I could not have made it through this difficult emotional experience, and the legal morass involved in contesting a will, without her by my side.
Call or email us to get a conversation started.
We’ll schedule a video call so you can tell your story to our lawyers.
We’ll then provide an assessment of your case, in writing.
If we take on your case, we then start to gather evidence & prepare legal documents.
We aim for an agreement between the parties (without the need for court action) where ever possible.
Based on our experience dealing with countless legal estate cases in NSW, here are the most common situations we see that lead to a disputed Will:
When a mother or father re-marries or re-partners after divorce, they sometimes change their Will to provide for their second spouse but neglect to adequately provide for the children of their first marriage. Both adult and minor children are be eligible to contest their parent’s Will if this is the case. However, the second spouse of a deceased parent (who may have been a loving stepparent to their children) will often find themselves left out of the estate altogether – even after decades of marriage. This is a classic trigger for contesting a Will.
When a mother or father re-marries or re-partners after divorce, they sometimes fail to change their Will to provide for their second spouse. The second spouse (who may even have been a loving stepparent to the deceased’s children) may find themselves left out of the estate altogether – even after decades of marriage. This is another classic trigger for contesting a Will.
It is quite common for one more siblings to be left out of the Will, with the bulk of the estate instead going to their brothers or sisters. This is especially prevalent amongst farming families, where the testator Will sometimes favour those offspring who have stayed on the land, against those who have relocated to the city in pursuit of work or relationship opportunities. Such children who have been excluded have a powerful motivation to contest the Will.
In some Will disputes, an aggrieved beneficiary may believe that the deceased did not have mental capacity at the time of their last Will and testament. If it can be shown that the deceased was affected by Alzheimer’s or dementia when making, or amending, their Will it is possible to challenge the validity of that document. The court may then reinstate an earlier version of the Will, or issue orders to distribute the estate in a way that is more beneficial to the aggrieved party.
Sometimes the deceased has made a promise to another family member that was not reflected in the final Will. The promise may be verbal or in writing. If it can be shown that the testator made the promise, and that they erred in not updating their Will accordingly, it may be possible to challenge the Will.
Treated unfairly? Been left out of a Will? WillClaim can help.
IMPORTANT: there are defined time limits by which you must lodge certain types of claim against an estate.
If you believe that you are entitled to dispute the Will of someone who has passed away, you may need to move quickly – before your time runs out.
Some people who should dispute a Will, fail to challenge or contest in time – and miss out on their only opportunity to make a claim.
Don’t let that happen to you.
Here are the most common reasons why people fail to take action.
We’ll provide a confidential assessment of the legal options available to you.