You may have grounds to contest a will if a will maker failed to make adequate provision for you and according to the law you are an ‘eligible person’. You can bring a claim seeking provision from an estate, known as a family provision claim.

The law accepts that there are certain situations in which a will maker has moral duties that he or she must fulfil. A family provision claim allows a Judge to interfere with the wishes of a will maker. The expert team at Waters Lawyers will help establish if you have been unfairly excluded from a will. We can then conduct court proceedings concerning will disputes if required.

Waters Lawyers understand that whether we are representing you as the executor of the will or the excluded party, it can be a highly emotive and stressful time. From the initial consultation, we will analyse the situation, the anticipated outcomes for all parties involved, and your prospects of success, to ensure you know what to expect from the process. Should you wish to proceed, we will support and guide you, making sure you are kept informed at every step.

Family provision claims can also be made in situations where there is no will. The same principles apply. If you believe you are entitled to bring a claim or are unsure about your rights and entitlements, legal advice should be sought as early as possible as a strict six-month time limit applies.

How much will it cost and how can I book an appointment?

The costs of contesting a will can vary. At Waters Lawyers, we pride ourselves on being completely transparent … and sometimes that means not taking on a matter as it would be financially beneficial for you. To discuss your matter we offer a free non-obligational consultation which can be arranged by contacting our office on 5996 1600 or by booking a ‘Will Preparation’ appointment here.


We will tell you honestly if we can help. Phone 5996 1600