• Last Will & Testament of Diana, Princess of Wales

    I DIANA PRINCESS OF WALES of Kensington Palace London W8 HEREBY REVOKE all former Wills and testamentary dispositions made by me AND DECLARE this to be my last Will which I make this First day Of June One thousand nine hundred and ninety three 1 I APPOINT my mother THE HONOURABLE MRS FRANCES RUTH SHAND KYDD ...


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  • Our Legal Fees & Services

    At GMH Legal we believe that client relationships matter more than time sheets which is why we offer a range of alternative fee arrangements to best suit your needs. Our focus is on client service and establishing mutually rewarding relationships with our clients. We think that billing by the hour does not ...


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  • Will says daughter’s share is worth half her brothers

    The ACT Supreme Court has overturned a will created on the basis that “one boy is equal to two girls” and therefore sons should get double the inheritance of daughters. Fatama Omari challenged the legitimacy of the will of her mother, Canberra woman Mariem Omari, saying she had not known what she was doing when ...


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  • General Principles of Wills

    A will is a written document in which you state how you want your property distributed after you die. A person who makes a will is called a "testator". It also allows you to nominate an executor, who is the person responsible for making sure your wishes are met. What Happens If I Die Without A Will? If you di...


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  • Elements of a Testamentary Trust

    Testamentary trusts are created in a will by a testator who bequeaths his or her property for the benefit of others called the beneficiaries.  Testamentary trusts can either be express or non-express, but if a will is properly created, a testator’s intentions can be inferred from the terms of the will. By creati...


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  • The Traps of a Granny Flat Accommodation

    When the elderly decide to live in a ‘granny flat’ near their children, they sometimes fail to take account of the risks of such a move.  They also sometimes fail to consider the unforeseen outcomes of personal relationships and personal challenges which ill health, financial difficulty and ultimately death th...


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Contact Us

Suite 309 – 310, Level 3
13A Montgomery Street

Ground Floor
54 Martin Place

Email: solicitors@gmhlegal.com
Phone: (02) 9587 0458
Facsimile: (02) 9587 2936

Contested Estate

There are many reasons why a Will of a person may be disputed. The most common reasons are

  • The deceased did not have mental capacity to make a Will;
  • The deceased was unduly influenced when making a Will; or
  • You may have a successful claim against the deceased’s estate for family provision.

GMH Legal have the expertise and experience to provide you with practical and cost effective advice to make your claim successful.

If you have been left out of a Will, or have not been properly provided for in a Will then you may be able to make a claim against their estate.

Estate disputes may also arise if the Will was not properly drawn up, if the Will maker lacked mental capacity at the time the Will was executed, or if there was fraud, forgery, force or undue influence.

Am I eligible to make a claim?

A Will can be disputed if you have need for provision from a deceased estate and you have had one of the following relationships with the deceased:

  • A wife or husband or de-facto wife or husband at the time of death of the deceased person;
  • A former wife or husband;
  • A person with whom the deceased was living in a domestic relationship when she/he died;
  • A child of the deceased
  • A child of a person living in a domestic relationship with the deceased
  • A grandchild if she/he ever lived in the household of the deceased
  • A person who ever lived in the household of the deceased and was dependent on them

How likely am I to succeed?

The likelihood of succeeding in a claim and the amount which may be awarded in your favour depends on your situation, your relationship to the deceased, the size of the estate, the number of other dependents/relatives and other factors.

Call the experienced team at GMH Legal to assist you in your matter. A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.

Why Choose GMH Legal?

  • Over 60 years of combined legal experience
  • Outstanding track record with a winning approach
  • First appointment is always free
  • Meet our team now.

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