How to Contest a
Will in Victoria
Contested Wills and Probate Lawyers (CWPL) provide you with everything you need to get the best result from enforcing your inheritance rights.
See how things apply to your own situation.
3 Key Questions
CWPL has complied a survey of some of the many cases handled by the courts to determine the average amount that the courts award to people like you who successfully make a claim for more, taking into account the value of the assets left behind by the deceased
click here to watch the video
See what the Survey says
or
Contact Terry Johansson for a chat about the strength of your claim
Most people claiming through CWPL are linked to the deceased person by being:
- A spouse/ de-facto partner at the date of death
- A child, step child or person who was treated by the deceased as their child, and who thought that the deceased was their parent, or
- Certain members or former members of the deceased’s household
For the precise definitions and a list of the additional categories of people who can be eligible to claim in Victoria call Terry Johansson
This is a personal message from Terry Johansson to YOU.
So many people say to me “I am a little nervous. I keep asking myself should I bring my claim?”
Sadly, a number never even get started because of a few nerves.
Everyone has their worries, but they can be dealt with and then you can move ahead!
3 Easy Steps to Claim
1- Contact CWPL
In one Quick Call, find out:
• Whether you Qualify to claim : you do not always need to be a family member
• How, under our No Success No Fee plan, you need no cash to start your claim
Call now: there is nothing to stop you! Click here
2-Give Us your Key Information
We search for the required information and contact the person handling the affairs and assets (the estate) of the deceased person. We check that you can bring a claim against the deceased person’s assets (the estate).
3- We Design your Claim & Start Work
• If no offer is made by the estate, we commence your claim
• We provide all information needed to try to settle your claim in a mediation (conference)
• Most of our claims settle at or after a mediation, with no hearing in front of a judge being required
• If we settle your claim in a mediation, we collect your settlement funds, take our fees, and you get the rest
Click for more information
Steps we usually take when Contesting a Will or Intestacy are to:
CWPL Not Your Typical Law Firm
Why many People Choose CWPL to protect their Inheritance Rights
- We are here for YOU
- We focus almost exclusively on helping people to enforce their inheritance rights
- Our straight-forward approach to enforcing your inheritance rights, aims to give you the strength of a winner
- No Upfront payment required. Our No Success No Fee Plan can mean that you never have to pay a cent from your own pocket for our fees
- We aim to maximise what you recover at reasonable cost
- We can help you claim, even if there is no will
Click to hear about satisfied customers (to client comments)
HOW WE WORK
- Our expert lawyers, working with Terry Johansson, our Accredited Wills and Estates Specialist, will work together to manage your claim
- We develop a strategy especially for YOU, designed to strengthen your claim
- We get to the point – we will answer your questions in Plain English
- We understand how you feel. We are committed, and here to provide all the support you need
Don't give up just because of a few nerves.
Do not be talked out of your inherence by yourself or anyone else.
Call me before giving up your rights.
Terry Johansson Principal of CWPL
FAQ's
Contesting Wills: Frequently Asked Questions
Most people still have a some questions, so click on any of the following.
If the deceased died without a will, the Intestacy Rules apply to divide the net assets (the estate) of the person between close family members.
Almost the same rules apply to your claim, whether the person died with a valid will, or died without a will.
If you feel you are not properly provided for by the Intestacy Rules, you can still claim.
Do not by put off it there is no will just ask CWPL
To succeed in contesting the Will in Victoria, you need to establish the following. CWPL will check that you are eligible to claim, before commencing your claim:
- That you are qualified to contest the Will: most family members can claim, as well as some people who have lived in the same household as the deceased
- That the deceased was obliged to make adequate and proper provision for you:
- That the deceased failed to provide adequate and proper provision for you
You should be prepared to provide a full history of your relationship with the deceased and the people close to you, as well as full details of your personal finances, and those of your spouse/partner.
Check that you can claim: just ask CWPL
Each claim is different, and different factors are taken into account for different people.
In our negotiations and other work involved in your claim, such as in a mediation, the parties generally take many of the same factors into account. CWPL knows what those factors are.
The most important factors are the value of the assets left behind by the deceased person after all debts are paid (i.e. the value of the estate), how you are related or linked to the deceased, and what other people are taking from the estate.
If you are successful in court, the court may also order the estate to pay part of your legal costs.
CWPL will listen to what you say, and take your own personal views and needs into account. We aim to recover what we consider you are entitled to.
Take the Survey Now
Unless we have spoken with you and taken down all of the details, it is impossible for CWPL to tell somebody how much they are likely to get by claiming.
However, we only take on a claim where we reasonably believe that a successful outcome to the claim is reasonable likely. We will review how much you may receive from the claim from time to time, as we go, and we shall also provide you with an estimate before your mediation occurs.
CWPL has complied a survey of some of the many cases handled by the courts, to determine the average amount that the courts award to people like you who successfully make a claim for more, taking into account the value of the assets left behind by the deceased.
See what the survey says: click here>
Feel free to call Terry Johansson for a chat about the strength of your claim.
Make contact now>
Most claims settle at or after a Mediation, without a judge hearing your claim. This can greatly reduce your legal fees, takes away much of the risk, and finalises your claim much quicker. And you can still get what you are entitled to!
An independent mediator is appointed to act as a go-between to help you reach an agreement with the other people involved. You know that you still have CWPL on your side to do all the hard work, and to get the best outcome for you.
You usually do not even need to meet the other side in person if you do not agree.
CWPL settles about 95% of its successful claims at or after a mediation, and aims for the best outcome for you, at reasonable cost.
It is best to employ a solicitor who is there for you, and you should only go to a solicitor you trust, and one whom you feel will understand you. Ask yourself:
Is the solicitor skilled at maximising the amount you claim, at reasonable cost?
CWPL does virtually nothing else but work on inheritance entitlements
Is the solicitor well known for claiming people’s inheritance entitlements?
Terry Johansson has been doing this for years, claiming inheritances in all mainland States and overseas. Terry was one of the first solicitors to offer No Success No Fee funding to most of his clients who are contesting a will, so as to save them paying from their own pockets.
Is the solicitor recognised as a Wills and Estates Specialist?
Terry Johansson is one of the lawyers in Australia who sat two sets of exams to be formally qualified as a Wills and Estate in the two states separately. He was accredited by both the Law Institute of Victoria and the Law Society of NSW as a Wills and Estates specialist.
Is the solicitor going to be responsive to your needs?
CWPL is known to be responsive to the needs of its clients: see client comments
Our Client’s Comments
How they have found CWPL’s work:
*Different logo for each State here
Melbourne
Regus
Level 50
120 Collins Street
Melbourne Vic 3000
Phone: (03) 6165 1118
Office locations
Perth
Adelaide
Melbourne
Sydney
Brisbane
Disclaimer: The contents of this site are for your information and are not legal advice. You should not rely on the contents but get legal advice from a lawyer, in the light of your own specific needs and tailored to your own personal situation. Liability limited by a scheme approved under Professional Standards Legislation.