Can an executor contest a will? If you are wondering this question you have come to the right place. Here we will discuss whether you can be named as an executor and contest a will in Qld.
If you are considering challenging a will, the best thing to do is seek legal advice. Call us on 07 3073 2405 to get a complimentary consultation with a lawyer about your chances of successfully contesting a will.
Can an executor contest a will?
An executor of the will has been appointed as a person in a position of trust to uphold the will and the best interests of the beneficiaries. You can check out our article on executor’s duties to find out more about what an executor is required to do in order to administer an estate. Some of the duties of the executor include:
- Notifying beneficiaries of the will that they are named as beneficiaries and providing them with a copy of the will;
- Keeping in regular communication with the beneficiaries of the estate about the progress of the administration;
- Making a list of assets and liabilities in the estate;
- Protecting and checking the assets of the estate;
- Arranging a funeral for the deceased if one has not been prepaid;
- Maintaining assets of the estate so they do not fall into disrepair. For example, doing reasonable maintenance on the home;
- Ensuring all insurances of the estate are paid;
- Ensuring debts and liabilities of the estate are paid;
- Preparing tax returns for the estate;
- Preparing financial statements;
- Transferring or selling assets of the estate.
Another duty of the executor is to defend any claims on the estate including any family provision application that may arise.
As defending a claim on the estate and making a own claim on the estate are conflicting interests, where an executor wishes to contest a will or make a claim for further provision in the estate, the best thing for an executor to do is to renounce their role as executor before making a claim on the estate.
It is important to get independent legal advice if you wish to renounce the role of executor and make a claim on the estate. If you wish to get further information and clarification about this topic, give us a call on 07 3073 2405.
What do I need to be able to establish for my claim to be successful?
You are only able to contest the will as an executor if certain factors can be established. In Qld, to contest a will you need to be child, spouse or dependant of the deceased.
If you fall outside these 3 distinct categories, you are unable to make a claim on the estate. When determining the likelihood of the success of your claim the court will take into account your personal and financial circumstances as well as your relationship with the deceased and size of the estate, among other things.
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