The Will Challenge Lawyers

The Will Challenge Lawyers is a division of Fox & Staniland Lawyers, established for almost 50 years. They act as trusted advisors in matters of Wills, probate, estate administration, and challenges to Wills. Their services are specifically designed for individuals involved in disputes over wills or estates in NSW, including those who have been left out of a Will or suspect suspicious circumstances in its creation.

They handle four main categories: making a claim against the estate when someone is left out or receives less than expected; challenging the validity of a will due to lack of capacity or undue influence; assisting executors when beneficiaries fight amongst themselves; and protecting beneficiaries who risk losing their inheritance if a will is challenged.

In NSW, the time limit for will disputes is most commonly 12 months, though this differs in other Australian regions. The business advises clients to contact them as soon as possible to discuss their claim before these time limits expire.

The duration depends on individual circumstances, but the process can take between 12 and 24 months. The firm strives to reach a settlement before heading to court, but will pursue court action if mediation fails or a settlement cannot be reached.

Common claimants include children of the deceased, the husband or wife of the deceased, children of the deceased's spouse, people who were wholly or partly dependent on the deceased, grandchildren, and those who were part of the deceased's household.

Most of the time, the legal fees for both sides are taken directly from the estate itself. The firm notes that even if the assets have already been distributed, making a claim is still possible, though it may be more difficult.

Clients are advised to gather a copy of the will, the death certificate or the date of death, and an overview of relationships to the deceased including family members and beneficiaries. The firm will advise on specific documentation relevant to the unique case after initial contact.

Their offices are located at Level 3/828 Pacific Hwy, Gordon NSW, 2072. The location is described as being within an easy walk from Gordon railway station and the Gordon Centre, with ample nearby parking available for visitors.

Clients can request a consultation by calling their freephone number at 1800 098 113. The firm also offers email enquiries and promises to contact potential clients within one business day.

The office is open Monday through Friday from 8:30am to 5:30pm. They emphasize that proper professional legal advice should be obtained as early as possible to avoid delays that could cost an inheritance.

The business advertises a no win, no fee offer for their services, though they note that terms and conditions apply to this arrangement. This model is intended to make their legal advice accessible to those involved in estate disputes.

The firm states their values are customer first, passion, integrity, and excellence. They describe themselves as approachable lawyers focused on getting clients the best outcome possible while being conscious of the difficult situations that lead people to call them.

Key personnel include Director Wal Abramowicz, who has 38 years of experience, and Special Counsel Paul Cantwell, Dennis Barton, and Anthea Tronson. The team also includes Senior Associates and Lawyers such as Bradley Campbell, Richard Martyn, Calvin Ye, Joshua Ng-Kam-Man, and others.

Suspicious circumstances include cases where the person making the Will did not understand what they were doing or was put under pressure to make the Will in a specific way. The firm can help determine if there are grounds for challenging the will based on capacity, undue influence, or fraud.

A beneficiary risks losing their inheritance if the Will is under challenge or if a claim is being made against the estate. The firm advises that anyone in this situation needs a lawyer with extensive experience to avoid court action if possible but to pursue interests vigorously if necessary.