Will Dispute Specialist Lawyers

Welcome... My name is Eric Butler and I’m a Law Society Accredited Specialist in Wills and Estates Law and Head of Chambers. 

Our only work is CONTESTED WILLS and COMPLICATED ESTATES representing applicants and executors and beneficiaries.

That's all we do... every day. True Specialists. NO WIN NO FEES.

What is an Accredited Specialist

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Important Notice For Visitors

If you want to do your own research on our site please feel free to do so. However you should understand... every case is different and many answers on this site will not be the correct answers for your case. Therefore, nothing written on this site is to be read as our legal advice to you. Our answers are only for your general knowledge and not for your specific case.

Daily Review

Contracts and family provision orders

Posted on: 14 May 2012

The final disposition of a family provision application calls for the exercise of the Court's discretion, it cannot be achieved by agreement or deed: Lieberman v Morris (1944) 69 CLR 69; Smith v Smith (1986) 161 CLR 217, 235 and 249. The rule has its origins in the policy that a person cannot by contract exclude the jurisdiction of the Court to make a family provision order: Re Hatte [1943] St. R. Qd. 1, 13-14.

Latest Case Summaries

Will Dispute Specialist Lawyers

Have you been left out of a will or treated unfairly and deserve a more reasonable share of an estate? We act for people just like you every day. That's all we do... every day. 

When challenging a will it is important to get specialist legal advice.

 

Disputing a will and other will challenge cases

For the best chance at a successful result in your will disputes, Eric Butler can provide representation that is backed with expert knowledge and industry experience.

To challenge a will is often an emotional process. Not only are you dealing with the passing of a family member, but trying to organise the legalities that accompany this can take its toll. Eric Butler and the team at Butler’s Will Dispute Lawyers are sensitive to your needs and work tirelessly to achieve the most advantageous result for you, maintaining the upmost in respect during this trying time.

Seek justice through your will disputes

With the passing of a family member comes a range of legal paperwork and processes. Often, people who are deserving or eligible for inheritance are overlooked in favour of those not in a position to receive provision from the deceased. This is why a will challenge should take place and the team at Butler’s Will Dispute Lawyers begin to work on attaining what is rightfully yours.

If you’re looking for representation, Eric Butler can provide expert services for will disputes Australia-wide as well as will challenges across New South Wales. The experience and knowledge of Butler’s Will Dispute Lawyers has resulted in successful will disputes NSW-wide as well as will challenges in Queensland seeing advantageous outcomes.

If you’re in need of qualified and dedicated will dispute lawyers, Eric Butler is there for you.

 

Challenging a Will... My Seven Tips for best results

1. Collection of Evidence

If you want the best results you and your lawyer need to collect the best evidence. This might sound obvious to you however identifying the best evidence is a skill learnt from many years’ experience in these matters. Judges frequently criticize lawyers for including evidence that is either not relevant or not helpful in determining the issues involved.

Read more about Collection of Evidence

2. Negotiations To Settle

If you want the best results you should attempt to settle the dispute before court proceedings are commenced. This negotiation stage can be very difficult and requires careful consideration. You will not know if a settlement offer from the opposition is a fair offer until you have sufficient information and you and your lawyer discuss the available evidence. Anyone can settle quickly however a quick settlement without proper consideration may mean you accept an offer which is far less than what you may actually be entitled to.

Read more about Negotiations To Settle

3. Your Affidavit Evidence

If you want the best results you want your affidavit evidence to be accepted by the court and not struck down because it is not in admissible form, that is, something is legally wrong with the content. The court rules are strict. Affidavit evidence is “your story on oath or affirmation”.

Read more about Your Affidavit Evidence

4. At Mediation

If you want the best result at mediation you should to be prepared better than your opposition and have better available evidence than your opposition. You want the most effective legal team representing you to present those facts and to be able to negotiate strongly on your behalf. All lawyers do not have the same attributes. Some lawyers are good at office work. Some are good presenting a case before a judge whilst others are good at mediating and negotiating.

Read more about Mediation

5. Court Hearings

If you want the best result at a hearing you want to be prepared better than your opposition and to have better evidence than your opposition. You want the best solicitor or barrister to represent you. Some lawyers are better at hearings than others. Some solicitors are better than others at preparing a case for hearing. The problem is you may not know how good (or poor) your solicitor or barrister is until the final judgment.

Read more about Court Hearings

6. Legal Costs

If you want the best results you want the best financial outcome. In wills and estate cases the legal costs can amount to anything from $5,000 to $50,000. Frequently the costs are paid out of the estate which naturally reduces the “size of the cake” to be distributed among the family members involved. In normal court cases (other than wills and estates law) usually the costs are determined by the outcome often referred to by lawyers as “costs following the event”. In other words the loser pays the costs. However in wills and estates law that is not always the case. The court (the Judge) in these cases has more discretion. Usually if you lose you will have to pay your own costs and quite possibly the costs of the winning party. That’s a very good reason to ensure you receive good legal advice before you start.

Read more about Legal Costs

7. Choosing Your Lawyer

I’m sure you would not ask your local doctor to give you a heart transplant. There are many things to consider when choosing the right lawyer. There have been major changes in the law in the last few years including changes on 1 March 2008 and 1 March 2009 and again on 1 March 2010.  You would expect specialist lawyers in this field to be up to date with those changes.  Specialist lawyers will probably know the “secrets” that I have referred to above. I am unable to say whether other lawyers would be as up date as specialists, however you don’t want your case to drag on month after month because your lawyer is too busy with other types of legal work.

Read more about Choosing Your Lawyer