About Empower Wills and Estate Lawyers
Our lawyers specialise in will and estate disputes.
Our mission is to assist our clients to claim or protect their interests in an estate through a combination of expert legal advice, representation, and strategy.
Once a general practice firm, we are now a fast growing practice specialising in will and estate disputes, consistently delivering successful results for our clients. Our client satisfaction is evident through our word of mouth referrals which are now our largest source of new clients.
With over a decade of experience, our Founder and Director applies a unique combination of expert knowledge, dedication, and strategy to every stage of a matter with the sole objective of delivering the best results for his clients.
At Empower Wills and Estate Lawyers We Specialise in Will Disputes
This includes clients who are wanting to claim a larger share of a friend or family member’s estate, and those looking to protect their share of an estate from a baseless claim brought by another person.
We also assist clients to challenge or defend the validity of the will itself, where for instance there are suspicious circumstances surrounding the preparation or execution of the will, or questions in relation to the mental health of the will-maker (known as a “testator”) at the time the will was made.
Contest a Will
To contest a will typically involves a question of quantum, that is, where a person wants to claim a larger share of an estate or defend a claim by another person.
A claim of this nature is known as a ‘family provision claim.’
The Succession Act 2006 (NSW) prescribes the requirements that must be satisfied in order to bring a ‘family provision claim.’
Challenge a Will
To challenge a will means to question the validity of the will itself. There are many grounds on which the validity of a will may be brought into question.
Questions may arise where a family member, who takes an unusually large benefit under the will, was present when the deceased gave instructions to their lawyer, or more concerningly, where that family member prepared the will themselves.
Questions often arise in relation to the execution of the will itself or in relation to the deceased’s mental capacity at the time of making their will, otherwise referred to as “testamentary capacity.’ As the Australian population life expectancy increases, so do the rates of dementia and Alzheimer’s in the community, and so do questions and claims in relation to testamentary capacity.
Why It Pays to Work With Us
Get in touch with us
Obtain advice on the strength of your case
Once retained we will obtain your version of the facts and circumstances and provide you with written legal advice to best ensure that you understand the process and the strength of your position from the outset.
Negotiate your settlement
Take the matter to court
If negotiations and mediation do not resolve the dispute you may instruct us to commence court proceedings. This typically involves the preparation of court documents and evidence.
We provide you with firm and fearless legal representation and dedicate ourselves to securing you the best possible outcome.