A 2015 study from The University of Queensland found the success rate of contesting a Will in this state is 77 per cent. 

That means that out of 100 cases that are challenged, 77 of them are successful.

While it seems the chances of contesting a Will and winning are high, the likelihood of success depends on several factors including:

  • Validity: You must have a valid legal basis for your claim. 
  • Evidence: Strong supporting evidence to contest a Will is vital. This could be witness testimonies, documents, or expert opinions.
  • Relationship to the deceased: Typically, close relatives such as spouses, children, or other dependents have a higher chance compared to distant relatives or unrelated parties.
  • Mediation: Many Will disputes are resolved outside of court through settlements or mediation, which may influence the perceived ‘win’ rate.

A successful lawsuit usually results in a court order cancelling or changing the asset distribution. However, if you fail in your bid to contest a Will, you could be left without compensation, and costs can be awarded against you.

Before going ahead with contesting a Will, a lawyer will need to test the merits of a case and conduct an initial review.

Here at GLG Legal, we have Wills and Estates specialists who can offer that service, and we also offer a fixed fee consultation.

This can be an emotional decision, as well as a financial one, and it’s important you have an expert on your side. Phone our office on: (07) 3288 3511 or email: info@springfieldlegals.com.au to make an appointment.