Defending A Will FAQs

Frequently Asked Questions

Defending a Will in NSW: FAQs

How will I know if someone is contesting or challenging a will?

In most cases, you will receive formal notification of a contest or challenge from the claimant’s solicitor.

We encourage you to seek legal advice as soon as you receive notice of a contest or challenge. At WillClaim, we can assist you to respond to the claim so that you can continue with your administering the estate.

Call WillClaim on (02) 8875 7792 and take advantage of our FREE legal assessment. Together, we’ll work out the best way to proceed in defending a will in NSW.

What is the process of defending a Will?

Defending a Will involves looking at the nature of the claim, assessing the eligibility of the claimant and checking whether the claimant has made their claim within any prescribed time limits.

Our experienced estate litigation lawyers can advise you as to the strengths and weaknesses of any claim against the estate.

By looking at the circumstances of your case, we can advise you on the next steps that you should take as a defender of a Will in NSW.

How much will it cost to defend a Will?

So who pays to defend a contested Will?

In most matters, the legal costs of defending a Will are met by the estate out of the assets of the estate. The executor will generally not be liable for any legal costs during the process provided that the executor acts in accordance with their obligations.

Upon engaging our services, WillClaim will provide you with a detailed estimate of the potential costs. The costs may vary significantly depending on the circumstances of each Will Challenge or Will Contest.

The costs are also affected by the willingness of the claimants to negotiate, and by the nature and complexity of any claims.

If you are named an executor of a Will in NSW and a claim has been filed, or you anticipate a claim with be filed, then please contact WillClaim on (02) 8875 7792. Our Will Disputes lawyers specialise in estate litigation in NSW and are able to provide you with the legal advice you need.

Will I have to go to Court to defend a Will?

In most cases Will Challenges and Will Contests are settled before a Court hearing. Settlement be achieved through informal settlement negotiations, or through a formal mediation.

A mediation is a meeting between the parties and their legal representatives which is facilitated by an independent mediator. The mediator helps the parties to work through options and see if you can agree on settlement.

With a team of legal specialists behind you, it may be possible to reach a settlement that all parties can accept.

If the parties fail to settle in mediation, the case will proceed to a court hearing and you will be required to attend court.

While going to a mediation or a court hearing can be stressful, you can be sure that your WillClaim lawyers will guide you through the process.