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CONTESTING A WILL IN TASMANIA


Contesting a Will in Tasmania
Services available at Worrall Moss Martin Lawyers for Will Disputes 

At Worrall Moss Martin Lawyers, we have a number of people who can give advice about contesting or defending a Will.

Rob Meredith LL.B. Senior Associate Lawyer
Thomas Slatyer B.A. LL.B. (Hons) Lawyer
Eve Hickey B.A. LL.B. (Hons) Lawyer

An appointment can be made to see either Rob Meredith, Thomas Slatyer or Eve Hickey by calling (03) 6223 8899.   Alternatively, you can send an email providing a contact phone number and your email address, to info@pwl.com.au and one of our support staff will be in contact to provide you with preliminary information, and make an appointment for you.

When you make an appointment, you will be asked to provide details about the purpose of the appointment and to describe the nature of the dispute and the parties involved.   We will need the names of everyone involved.   This is so that we can check for conflicts of interest.   Someone else involved in the dispute may have already instructed us to act for them, so it is best to seek our advice and assistance as early as possible.

Our estate dispute practice area is headed by Rob Meredith who has assistance from two other lawyers, Thomas Slatyer and Eve Hickey.   Our Directors Peter Worrall, Kate Moss and Kimberley Martin also assist with strategy in estate disputes.

Worrall Moss Martin Lawyers is a leading provider of specialist legal advice to private clients looking for assistance in challenging or disputing a Will or in defending a Will.

Grounds for Contesting a Will

Some of the grounds for contesting, challenging or disputing a Will are

  • the Willmaker did not have capacity to make the Will at the time of executing the Will
  • the Willmaker was unduly influenced by another person in making the Will
  • the Will was not executed correctly when it was made
  • an individual being left without adequate provision under the Will, or on intestacy (where there is no Will)
  • a contribution made to assets which are given away by the Will to someone else

Process for Disputing a Will

If you are considering challenging a Will, there are several types of claims we can assist you with

  • Testator’s Family Maintenance Claim (a claim where mental capacity had been lost before the signing of the Will))
  • lack by the Willmaker of Knowledge and understanding of what was in the Will
  • lack of Testamentary Capacity Claim
  • undue Influence Claim
  • removing an Executor, or Trustee
  • breach of Trust under a Will
  • an entitlement in equity arising from promises made by the Willmaker

The process for disputing a Will is going to depend on the type of claim being made, and the specific grounds which exist to dispute the Will, and ultimately what you wish to obtain.

If you would like advice on the cost of challenging a Will, or about how long the process can take, contact us and arrange to speak with one of our estate litigation lawyers.    We also regularly act for beneficiaries under a Will who are defending a claim against the estate made by someone else.

Worrall Moss Martin Lawyers are experts in dealing with a wide range of complex estate litigation issues. If you are looking for advice on how to contest or defend a Will, or advice on whether you have grounds for challenging a Will, we encourage you to contact us and speak with one of our Will dispute lawyers.


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