Contesting A Will

Have You Been Unfairly Left Out of A Will
or Been Left Without Adequate Provision?

When it comes to contesting a Will in Queensland, there are available options for individuals who:

1. Wish to challenge the validity of a will;
2. Feel they have been left out of a will;
3. Believe they have been inadequately provided for.

Challenging The Validity of A Will

Any person who is prejudiced by a validity issue can
choose to challenge the will.

Challenging the validity of a will usually happens when one believes:

  • The will is fraudulent/fake/forged;
  • Undue influence was impressed upon the deceased who made the will;
  • The deceased lacked testamentary capacity to make the will.

Proving that a will is invalid in court may help to reinstate a beneficiary’s original entitlement from an earlier will. 

If you wish to challenge the validity of a will, contact Queensland Probate today for a free 15-minute consultation to discuss your options.

Family Provision Claim

Only certain family members and dependents are lawfully entitled to apply for a family provision claim. 

These include: 

  • The deceased’s spouse;
  • The deceased’s child;
  • The deceased’s dependant.

For an eligible party to make a claim, their deceased relative would have to have property in Queensland.

It’s important to note that certain factors apply that may impact the success of the application:

  1. Time limits – A written notice, with details required by law, must be given to the executor within 6 months of the date of death;
  2. Whether the estate has been distributed – If the executor has distributed the estate you may have nothing left to claim against.

When filing a claim, time is of the essence. Speak to Queensland Probate today for a free 15-minute consultation to explore your needs.