OUR FAMILY PROVISION AND CONTESTED WILL CLAIM PROCESS

Our Process

We follow a considered and well-developed process when conducting Contesting Wills and Challenging Wills claims.

Our Approach Guarantees Success: Proven Time and Again

At our firm, success isn’t just a goal—it’s a track record.

Our process ensures the best possible outcomes for all our clients, and we have consistently delivered on that promise.

Your Free 30-minute consultation

Considering Contesting a Will or Challenging It?

 

We understand that taking the first step can be daunting.

 

Contesting a will or challenging its terms often involves emotional stress for everyone involved.

 

At our firm, we have assisted numerous clients facing similar situations.

 

Our goal is to alleviate the burden of legal complexities, allowing you to focus on coping with the loss of a family member.

 

Read more details below

GET IN TOUCH

How to get started

Let’s make this process as comfortable and convenient for you as possible.

 

Here are the options for your free 30-minute consultation:

  1. Phone
  2. Online
  3. Email
  4. In Person - at yours or ours

 

 

Read more details below

 

 

GET IN TOUCH

The information we need to analysis your prospects of success

In order to properly assess your situation and potential Family Provision Claim, we will usually ask the following questions:

 

When did the deceased die? (date of death – time limits)

 

Is the deceased estate comprised of assets mostly located in NSW?

 

Do you know the approximate value of the Estate and the assets within?

 

Read more details below

 

 

GET IN TOUCH

When there are reasonable prospects of success

What Happens When You Contest a Will?

 

After your free 30-minute consultation and you provide the required information, we assess whether you have a strong claim.

 

“Will Dispute” claim is considered strong if it has a high probability of success.

 

If not, we’ll explain the reasons (in plain language) and explore alternative options.

 

Read more details below

 

GET IN TOUCH

Consolidate and prepare your evidence

When Does the Will Contest Process Begin?

 

During this stage of the will dispute process, we initiate the preparation of your evidence by creating a series of essential documents, in particularly your Affidavit setting out your claim.

 

Once we have meticulously gathered all relevant information and gained a comprehensive understanding of the situation—including accurate details about the deceased’s estate—we proceed to make an offer to the other involved parties.

 

Read more details below

GET IN TOUCH

Commencing Proceedings and going to court

Navigating the Will Contest Process: Do You Need to Go to Court?

 

In most contested will cases, the need to go to court is actually quite rare.

 

Let me explain why:

 

Resolution Before Court:

During this stage of our process, matters are often resolved without the need for court proceedings.

 

The court encourages parties involved in a will dispute to attempt settlement before escalating to a courtroom.

 

Read more details below

GET IN TOUCH

Resolving your matter

Resolution: The Three Paths

 

Agreement - Option 1:

 

In this scenario, both parties—yourself and the other side—work toward resolving the claim by making offers.

 

As your representatives, we negotiate with the other side.

 

For instance, the executor might propose a settlement of $300,000 for you to relinquish your claim.

 

Read more details below

 

GET IN TOUCH

Understanding Mediation in Will Contests

Mediation - Option 2:

 

When contesting a will, mediation becomes a crucial step. 

Here is what you need to know:

 

What Is Mediation?

 

Mediation involves a neutral third party—the mediator—who collaborates with both sides (you and the other party) to find a resolution.

 

Read more details below

 

 

GET IN TOUCH

Going to court - a last resort

Court - Option 3:

 

Court Hearing in Will Disputes

 

Last Resort:

 

Going to court is a last resort when contesting or challenging a will.

 

Mediation Outcome:

 

If your claim does not settle during mediation, a court hearing becomes necessary.

 

Read more details below

 

GET IN TOUCH

Marie Walter

Founder, Director and Principal Solicitor

The team at Champion have the skills, knowledge and passion to get the job done. Whether you need a personalised Estate Plan, have been left out of a Will or have been drawn into a dispute, let us champion your cause
Facebook Twitter Youtube
GET IN TOUCH
logo_icon-outline
marie