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.
- 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:
- Time limits – A written notice, with details required by law, must be given to the executor within 6 months of the date of death;
- 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.