When you decide that you need to contest a will for any reason, you need to know what steps to take to get started. From determining your eligibility to winning your case, there are a wide range of steps and complex requirements involved throughout the process. Therefore, you should never try to contest a will on your own. Once you know that you need to contest, your first step should always be to hire the best lawyer available.
An Expert
When contesting a will in Australia, you need a court-hardened, unrelenting expert with proven success to help you get the job done right. This step is extremely important, as the outcome of your claim will depend on the level of knowledge and experience of your lawyer. Choosing someone with minimal or no experience is all but guaranteed to result in an unsuccessful claim. When it comes to wills and financial need, you cannot afford to lose.
Success Rate
The most reputable lawyers not only have a deep pool of experience from which to draw, but they also have a high success rate. The specialist you hire will likely have worked thousands of claims on behalf of people similar to you, and you should ensure that they have a success rate to match that number. After all, you deserve nothing but the best, and GMP Contesting a Will lawyers will do everything in their power to ensure you win and get the results you desire.
Timing
Timing is crucial when you need to challenge a will. There are strict time limitations placed on wills that determine how long you can wait before choosing to contest. If you miss your window, there is nothing you can do to stop the will from being carried out according to the testator’s wishes. For example, NSW has a time limit of just 12 months after death, which will pass quickly if you are not careful. Victoria allows only 6 months of time after probate, and Queensland allows 9 months after death. If you do not contact a reputable lawyer as soon as possible, you may not even know when you are nearing your deadline or at risk of missing it.
Expertise
The right lawyers who practice in will dispute have the knowledge and experience you need to successfully contest a will. When you call for a lawyer to help you, they will consider every aspect of your particular situation to determine your chances of winning. As a first point of consideration, they will help you determine whether you are even eligible to make a claim. This privilege is limited to spouses or ex-spouses, children, including stepchildren and grandchildren, and dependants.
Once you know you are eligible, your lawyer must then determine whether your case is valid, such as in the case of moral obligation. If it is found that you are both eligible and valid in your case, your lawyer will place your claim before the court and fight with all of their expertise and experience to win your case. To make matters easier on your budget, they will not take any money from you directly. Instead, they should charge you only if you win, which gives them a strong incentive to do well.
