Let us take care of your estate planning matters
Planning ahead for after your death is not something that most people feel comfortable doing. At Geoff Williams & Associates, we have seen what can go wrong when a properly considered and documented estate plan is not in place. Not only will making an up-to-date will ensure that your assets go to the right people, but it also makes distributing your estate to your beneficiaries easier.
Our solicitors understand the difficulties that can arise when writing a will and take the time to understand your specific circumstances and requirements.
How we can help you
Geoff Williams & Associates in Tweed Heads can discuss your options and provide you with the proper advice to ensure that your objectives are achieved. Our knowledgeable staff can also ensure your decisions are met and that your legacy will not be a burden on your surviving family members.
We’ll guide you through the estate planning process and work closely with you to provide a tailored solution and advice covering a wide range of services including:
- Drafting and making a will
- Updating a will
- Enduring power of attorney & guardians
- Deceased estate claims
- Applying for probate
- Contesting a will
We’ve helped many clients in QLD and NSW, to protect assets for their family in the event of their death.
Estate administration
As well as helping with wills and estates, we can also assist with any estate administration matters that may arise. Our aim is to provide a supportive service for executors of wills to enable you to run the administration process smoothly. Whether you are unhappy with the work of the Executor of a Will or are an Executor and need help to fulfil your duties and obligations and avoid an estate dispute, Geoff Williams & Associates can help.
Will Disputes in NSW: What Tweed Heads Families Need to Know
Geoff Williams & Associates assists eligible individuals in Tweed Heads, NSW, who wish to understand or pursue will disputes, including contested estate claims in NSW and QLD.
Losing a loved one is difficult enough without discovering that a will may not reflect their intentions or that you have been left without adequate provision. Will disputes are separate from estate planning and carry strict legal deadlines that can permanently affect your rights if missed.
Contesting vs. Challenging a Will
These terms refer to different legal actions. Contesting a will typically means making a family provision claim, arguing the deceased did not make adequate provision for your maintenance or welfare. Challenging a will questions the validity of the document itself on grounds such as a lack of testamentary capacity, undue influence, or fraud. Each pathway involves different evidence, procedures, and courts.
Can You Contest a Will in NSW?
Only eligible persons may make a family provision claim in NSW. Under Section 57 of the Succession Act 2006 (NSW), eligible persons include a spouse or de facto partner at the time of death, a child of the deceased, a former spouse or de facto partner entitled to maintenance, a grandchild who was wholly or partly dependent on the deceased, and a person living in the same household who was wholly or partly dependent on the deceased.
Eligibility is a threshold issue. A person may feel the will is unfair, but they must still fall within a relevant eligibility category before a court can consider whether further provision should be made.
How Long Do You Have to Dispute a Will in NSW?
Under section 58(2) of the Succession Act 2006 (NSW), anyone wishing to make a family provision claim must commence court proceedings within 12 months of the date of death. The clock starts the moment the deceased passes away, not when the will is read or probate is granted.
If you miss this window, you must ask the court for permission to proceed, and the court will only allow a late claim in limited circumstances. If the estate has already been distributed, securing an extension becomes unlikely. Acting early is essential.
You should notify the executor of your intention to commence a claim within the period of 6 months from the date of death.
Who Pays the Legal Costs in a Will Dispute?
Legal fees can range from several thousand dollars for matters that settle early to tens of thousands for cases that proceed to a Supreme Court hearing. In some circumstances, costs may be ordered to be paid from the estate, but this is not guaranteed, and each matter is assessed on its own facts.
Mediation Before Court
Many will disputes are resolved without a full court hearing. A solicitor can negotiate with other beneficiaries and executors to reach a settlement that often delivers a better outcome with less cost and less stress. Geoff Williams & Associates can advise on whether mediation or formal proceedings are more appropriate in your circumstances.
Frequently Asked Questions
Title or questionWho Is Eligible to Contest a Will in NSW?
Eligible persons under the Succession Act 2006 (NSW) may include a spouse, de facto partner, child, dependent grandchild, or a person who was living with and dependent on the deceased. Eligibility must be established before a court will consider any claim.
Title or questionWhat Happens If I Miss the 12-Month Deadline?
Missing the deadline can result in the permanent loss of your right to contest the will.
Does Property Conveyancing Affect My Claim If Assets Have Been Transferred?
Where estate assets include real property already transferred through property conveyancing following probate, recovering those assets becomes significantly more complex. Notifying the executor of your intent to claim early may help preserve your rights before distribution occurs.
The 12-month deadline cannot be extended in most cases. Geoff Williams & Associates offers a free initial consultation to eligible individuals across Tweed Heads, Coolangatta, Banora Point, and surrounding Northern NSW and Gold Coast communities. You can also learn more about our wills and estate services or explore our full range of legal services.