Will & Estate Disputes


  • Will & Estate Disputes
  • Inheritance Claims
  • Defending a Will
  • Rectification of Wills

Will Disputes - Contested Estates

A Will can be disputed or contested on a number of grounds:

  • The Will Maker lacked mental capacity or was not of sound mind
  • The Will Maker was unduly influenced or pressured by another person when making the Will
  • The Will has been forged or there has been fraud

Inheritance Claims

Provided you fall within the class of potential claimants (including being a wife or a husband a defacto partner a child or grandchild)* and in the event you believe your share left to you in a Will is not adequate or if you have been left out of a Will altogether you may have grounds to contest the Will and make an Inheritance Claim against the Estate.

A time limit to make a claim of 6 months after the Grant of Probate applies. You must obtain advice as soon as possible after the date of death of the deceased.

How Stokes Legal can help in Will Disputes and Contested Estates

  • Lodgement of a Caveat to prevent Probate being granted
  • Negotiation of claims and documenting settlement
  • Issuing Court proceedings to have the Will dispute or Inheritance Claim determined by the Court

To find out how we may be able to help, phone for a free initial telephone discussion. We may offer you a free first half an hour conference at an office convenient to you. If you do not proceed to instruct us to act the conference will be free and without any obligation.

Defending a Will

If you are an Executor or a Beneficiary of a Will that has been disputed or challenged or if there is an Inheritance Claim against the Estate Stokes Legal can assist you and provide advice and Court representation, if required.

Rectification of Wills

Sometimes a Will does not carry out the Will Makers intentions whether due to a drafting error or some misunderstanding as to the Will Makers instructions. In these circumstances it may be necessary to seek rectification of the Will.

An application for rectification of a Will should be made within 6 months of the Grant of Probate although in certain circumstances the Court may extend the time provided final distribution of the Estate has not been made.

Rectification of a Will is not a common procedure and is generally difficult to obtain an Order that it will be rectified. Accordingly, you should obtain advice promptly.

To find out how we may be able to help, phone for a free initial telephone discussion. We may offer you a free first half an hour conference at an office convenient to you. If you do not proceed to instruct us to act the conference will be free and without any obligation.

Delayed Fees - Pay at the end of your case

In some cases we may be prepared to delay the requirement for you to pay our fees. Please ask us if your case qualifies and if it does we will explain the conditions that apply.

To find out how we can help in Will & Estate Disputes please phone 08 8444 7777 for your free initial telephone discussion.



There are no proposals yet.