At Capelin Law, we make sure that if you’ve been unfairly left out or inadequately provided for, you get the support and legal firepower you need to claim what’s rightfully yours.
Whether you’re contesting a Will, challenging its validity, or defending a Will from dispute, we’re here to guide you through the process with clarity, compassion, and legal expertise.
Contesting a Will involves legally disputing its contents, typically on the grounds that:
If successful, the court may order a redistribution of the estate to ensure fair and proper provision is made for those entitled.
In New South Wales, the following people may be eligible to contest a Will:
Even if there is no valid Will, you may still be eligible to make a claim under intestacy laws.
It’s crucial to act quickly if you intend to contest a Will. Generally, you have 12 months from the date of death to file a claim in New South Wales. Extensions may be possible in certain situations, but it’s important to seek legal advice as soon as possible to protect your rights.
We offer comprehensive services to support you through this complex legal process:
Understand your rights and whether you have grounds to contest.
Assistance in filing legal documents and applications promptly and accurately.
We prioritise dispute resolution to avoid lengthy court battles wherever possible.
If mediation is unsuccessful, we represent you in court to ensure your case is heard.
Disputes often arise when:
At Capelin Law, contesting a Will isn’t just about the money, it’s about fighting for what’s rightfully yours. We’re here to make sure you get the fair outcome you deserve, whether through sharp negotiation or powerful courtroom representation.
Speak with our expert team to discuss your case.
During your initial consultation, we’ll assess your situation, review the details of the Will, and determine if your claim has a strong chance of success. You’ll get clear, straightforward advice about your options moving forward.
We handle the heavy lifting while you focus on moving forward.
Our team gathers the necessary documentation, identifies key evidence, and builds a compelling case that reflects your relationship with the deceased and your financial need. We handle all legal paperwork, so you don’t have to worry about a thing.
Our goal is a fair settlement without court intervention.
Most disputes are resolved through mediation and negotiation, sparing you the time, cost, and stress of a court battle. Our team fights hard to secure what you’re entitled to, ensuring your interests are represented clearly and confidently.
We are prepared to represent you in court if needed.
If a fair settlement cannot be reached, we are fully prepared to advocate for you in court. With years of experience in estate litigation, we know how to present your case effectively to secure a just outcome.
The process typically takes between 6–12 months, depending on the complexity of the estate and whether the case is settled through mediation or goes to court. Disputes that involve larger estates or more complex claims may take longer.
If you’re uncertain about your eligibility, simply reach out for a free initial consultation. Our team will review your situation, assess your rights, and guide you on the best next steps.
Generally, claims must be made within 12 months from the date of death. However, in exceptional circumstances, an extension may be granted by the court. It’s best to act quickly to avoid complications.
If the Will is declared invalid, the estate is typically distributed according to the rules of intestacy, or based on a previous valid Will if one exists. This means the estate is divided according to legal guidelines rather than the wishes expressed in the invalidated Will.
Not always. Many disputes are resolved through mediation and negotiation without the need for a court appearance. Our goal is to reach a fair resolution with as little conflict as possible.
Common grounds include:
Yes. If there is no valid Will, the estate is distributed according to intestacy laws, and you may still have grounds to make a claim if you were a dependent or had a close relationship with the deceased.
As an executor, you are responsible for defending the Will if it is contested. We provide full legal support to help you understand your responsibilities and navigate the legal complexities.
Andrew Capelin is the Principal of Capelin Law; he is a lawyer, mediator and collaborative practitioner with over 25 years of experience in legal practice and business. Capelin Law is built on the belief in making every effort to help people resolve their issues without using a court. This approach is faster, cheaper and less stressful. Therefore we believe it is just a better way of doing things.
Andrew practiced as a barrister for about 10 years which makes him very competent and confident in a courtroom! Ironically, Andrew now handles very few litigation matters these days, preferring to focus on helping families resolve their issues collaboratively.
Consequently, Andrew finds collaborative practice to be a very fulfilling part of the work that he does and is passionate in his belief that it gives better outcomes for families.
Andrew’s other passion is playing golf.