Practice Area - Contested Estates
Contested Estates & Estate Litigation
At BlackBay Lawyers, we specialise in contested estates and estate litigation, providing expert guidance on disputes over wills, inheritance, and executor duties. Our team is experienced in handling claims involving undue influence, lack of testamentary capacity, and family provision
disputes, offering clear and strategic advice tailored to your needs.
Whether you are initiating or defending a claim, we focus on achieving efficient and fair outcomes, protecting your rights, and ensuring the wishes of your loved ones are respected.
Contested Estates & Estate Litigation Services
We provide expert support in contested estates, focusing on safeguarding your rights and ensuring a fair resolution. From challenging or defending wills to handling family provision claims, our approach is tailored to protect your interests and uphold the intentions of the estate. Whether navigating a dispute or seeking clarity on your entitlements, we work with you to secure outcomes that align with your goals and respect your family's future needs.
Areas of Expertise - Estate Litigation
Challenging the Validity of a Will
A will may be challenged if there are concerns regarding its validity. Under Australian law, there are several grounds for questioning a will’s validity, and a successful challenge can lead to the will being deemed void. Common grounds for challenging the validity of a will include:
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Lack of Testamentary Capacity: To make a valid will, the testator (the person creating the will) must have had testamentary capacity, meaning they understood the nature of the will, the extent of their assets, and the impact of their decisions. A will can be challenged if there is evidence that the testator lacked capacity at the time of making the will, often due to conditions like dementia or other cognitive impairments. Legal assessments and medical records are often key evidence in these cases.
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Undue Influence: If someone exerted undue influence over the testator, causing them to make decisions they would not otherwise have made, this can be grounds to challenge the will. Undue influence requires evidence that the testator was coerced or manipulated into making decisions in the will that do not reflect their genuine intentions.
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Fraud or Forgery: A will may be invalidated if there is evidence it was created through fraud or forgery. Fraud can occur if the testator was deceived into signing the document, while forgery involves falsifying the testator’s signature or altering the will without their knowledge. These cases often require forensic examination and expert testimony.
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Failure to Meet Legal Formalities: Australian wills must adhere to strict formalities. Typically, the will must be in writing, signed by the testator in the presence of two independent witnesses, and reflect the testator’s intentions. If these formalities are not met, the will can be challenged, although courts have discretion to uphold informal wills if there is strong evidence that the testator intended the document to serve as their will.
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At BlackBay Lawyers, we work with our clients to examine potential grounds for challenging a will’s validity. We thoroughly assess each case, gathering the necessary evidence to pursue or defend against a challenge, with the aim of achieving a fair outcome.
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Meet The Team
Our contested estates team combines decades of experience with a track record of successful outcomes. Alongside our leadership, we’ve built one of Australia’s leading teams in contested estates and inheritance law.
Partner
Greg Leather
Greg is a highly respected Australian lawyer with a dedicated practice in contested estates. He is the first point of contact for clients seeking experienced, strategic guidance on complex estate disputes, including will contests, family provision claims, and executor conflicts.
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With over a decade of experience in estate litigation, Greg understands the delicate balance between achieving clients’ objectives and navigating the emotional aspects of inheritance disputes. His expertise allows him to offer tailored, effective solutions for high-value and intricate estate matters.
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If you are in need of a Contested Estates Lawyer, contact Greg below.
Our Approach
At BlackBay Lawyers, our purpose is to empower our clients to overcome their legal challenges with confidence that not only achieve positive results but also foster growth, innovation, and success
We do this by providing exceptional legal solutions that combine the expertise of the best legal talent with cutting-edge technology. Our team is comprised of specialists in Commercial, Regulatory, Employment, Defamation Litigation and Contested Estates.
We are dedicated to delivering the highest level of service in a holistic manner.
Contested Estates Legal FAQ
Who can contest a will?
In Australia, only specific individuals are eligible to contest a will, often defined by their relationship to the deceased and the nature of the claim. Those who may be eligible include:
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Spouses: This includes current spouses, de facto partners, and in some cases, former spouses.
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Children: Biological and adopted children are typically eligible, and some states may also include stepchildren.
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Dependents: People who were financially supported by the deceased at the time of their passing, regardless of familial relation.
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Other Eligible Persons: Certain close or special relationships may make individuals eligible, depending on the state’s laws.