If you are defending a will challenge, or will contest by someone else, you will almost certainly need a specialist will dispute barrister (in addition to a solicitor) at some stage, even if your case is settled out of court.s
If you contest or challenge a will, you will probably need the assistance of a barrister (in addition to a solicitor), even if your case is eventually settled out of court.
The application should be made to the court fairly soon after death, and before the assets in the deceased estate are distributed to the various beneficiaries in accordance with the will. In New South Wales the period in which a claim must be made is 12 months if the deceased died on or after 1st March 2009. If the deceased died before that date the period is 18 months. The period varies in other states in Australia. It is sometimes possible to commence proceedings even if the period has expired, depending upon the circumstances. For instance, the person seeking to make a claim, may not even have been aware that the deceased person had died, until sometime well after death.
Will specialist NSW, Queensland, Victoria, South Australia, Western Australia