Expert Local Contested Wills and Will Dispute Lawyers
Browne Linkenbagh are the only highly specialised expert team of Will and Estate Lawyers based in the Blue Mountains.
Operating for over 40 years they provide expert advice and guidance from a locally owned and operated firm based at 21 Grose Street Leura. Darryl Browne is the only Accredited Specialist in Wills and Estates across the Blue Mountains which means that he has completed extra training accredited with the Law Society of New South Wales that now allows him to be an expert in this specific area.
Unlike other large corporate and nationally run law firms we are locally based and have been operating in Leura for over 40 years.
How much does it cost to contest a Will in New South Wales?
Costs for contesting a Will depend on the matter and the amount of parties involved in the matter. This can vary from case to case in some matters there is only 1 executor and 1 beneficiary which keeps the costs at a minimum and is advantageous for the estate and for the clients and in other cases there can be multiple beneficiaries and executors and they may have there own separate legal representation. In our experience, this can then increase the legal costs. As an average estimate contesting Wills matters usually cost anywhere from $10,000 to proceed with a claim in the Supreme Court. This is largely due to filing fees that are charged by the Court when the Application is commenced as well as the necessary documents required to file the matter.
Can I settle my contested Will matter before the Hearing?
The answer to this is absolutely yes. Indeed, a vast majority of matters that our firm is involved in settle well before the Final Hearing. As part of the Court procedure and Practice Directions there is a mandatory mediation that will take place usually at the Court itself in the presence of a Registrar or a Mediator appointed by the Court. We find that a huge majority of cases (approximately 80% or more) settle at these mediations. This means for the parties involved far less legal fees and the opportunity to negotiate a settlement well prior to the Hearing which can cost a lot more funds.
How successful will I be in contesting a Will?
The success rate for Wills and Estates claims varies from state to state and as indicated the success rate also is impacted by the amount of matters that settle prior to a Hearing. We have already indicated above that our firm is a specialist Wills and Estates firm and the only one located across the whole of the Blue Mountains region and as such at your initial meeting and well prior to any application being filed we will provide you with the risks and benefits of proceeding with the case as well as an indication of the likelihood of success.
At that initial meeting this will then give you the opportunity to make an informed decision as to whether or not you proceed with the matter.
As indicated above, the recent success rate for mediation published by the Supreme Court of NSW shows that approximately 83% of matters have settled in Court appointed mediation which is a very significant number as it indicates that parties are able to successfully negotiate an agreement and not proceed with further costly final hearings.
On what grounds can a Will be contested in NSW?
There are several ways in which a Will can be challenged or contested in the Supreme Court of NSW. These can include a number of factors including lack of testamentary capacity at the time the Will was executed, undue influence or in some cases the Will being improperly executed.
In other examples of contested and challenged Wills, a person that is an eligible person can file an Application if they wish to contest the Will seeking further provision if they believe they were unjustly excluded or the inheritance they received was inadequate. This is usually based on the financial need and or past contributions and the ongoing relationship between the beneficiary challenging the Will and the Testator who is now deceased.
There are also other grounds to challenge the Will including revocation. This is in circumstances where the Will was intentionally revoked by the Testator before they died.
There have also been cases of fraud and forgery where it has been shown that there was deceit and the use of a fake document in order to obtain a financial advantage.
The list of matters is not exhaustive and we recommend that you consult with one of our specialist Browne Linkenbagh Estate Lawyers to discuss in more detail by booking a once off no obligation initial consultation.
At Browne Linkenbagh we are specialist Wills and Estates Lawyers, this is all that we do and as a result we are proceeding with these claims everyday in the Court meaning that we are efficient and effective in the applications that we make and this means that we can be cost effective for our clients.
To book a confidential appointment with one of our specialist team please contact our office.
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