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

We assist clients with all disputes involving wills or deceased estates.

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

Experts in Our Specialised Area of Law

We are inheritance lawyers who specialise in will and estate disputes.

We assist clients to claim or protect their interests in an estate through a combination of expert legal advice, representation, and strategy.

No Win, No Fee

In some cases we can offer clients a Conditional Costs Agreement, otherwise referred to as a “no win no fee” agreement. A “no win no fee” agreement means that a client will not have to pay any of our fees unless and until a successful outcome is achieved*.

*Whilst a client subject to a “no win no fee” agreement will not have to pay our fees until and unless they achieve a successful outcome, the client is still liable to pay disbursements and barrister’s fees throughout the course of the matter. Whether we can offer a “no win no fee” agreement will depend on the facts and circumstances of each case.

Proven Track Record of Winning Cases

We consistently deliver 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.

High Level of Client Care and Professionalism

We understand that the death of a family member or loved one can bring grief and heightened emotions. We acknowledge that inheritance claims can compound this grief and cause or deepen personal or family conflict.

We provide dedicated client care, tailored to each client’s particular circumstances, to support them through the process whilst working together to deliver the best results.

The Process

Get in touch with us

The first step in a will of estate dispute requires you to attend a conference with one of our inheritance lawyers. The client conference is an opportunity for you to provide an overview of the facts and circumstances and for us to ask further questions.

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

Once you have been advised of the strength of your claim, we may commence negotiations by writing to the executor or other beneficiaries to make a settlement offer or to respond to a settlement offer. In some cases negotiations can achieve a fast resolution. In other cases, negotiations may continue for months or longer.

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.

What Our Clients Have to Say About Working With Us

The testimonials include testimonials received in respect of all practice areas.

Contact us about your will or estate dispute today

If you have an inheritance question and want an expert to protect your interests, contact us now at [email protected] or by calling us on 1300 414 844.

We offer flexible fee structures tailored to our clients circumstances and in some circumstances offer “no win no fee” agreements.