If someone close to you has recently died you might have expected or hoped to receive an inheritance in their will. Maybe you were promised to get something but were left out.
There are legal options available to you including making a family provision application. We’ve all heard that lawyers are expensive, so in this article we’ll answer “how much does it contest to contest a will in Queensland?”
How much does it cost to contest a will?
Understandably, potential clients ask us what the cost of contesting a will will be. The answer is it depends on how long and difficult it is to settle a matter for a client. The cost can be as little as $1,000 and be as much as $100,000 if we need to take the case through a lengthy court trial.
The benefit of Will and Estate Lawyers Australia is that we always keep costs as low as possible for our clients. Give our will dispute lawyers a call on (07)3073 2405 to a free consultation for your will dispute matter.
No Win, No Fee
Keep the strict time limits in mind when deciding whether to proceed. Arrange a free consultation today to get the complete picture. We’ll tell you if you are eligible to contest the will. If we believe in your prospects, we’ll help you achieve justice by taking your case on a no win, no fee basis. Call us today on 07 3073 2405.
Access to justice is the cornerstone of our practice. That’s why we offer no win, no fee terms if we believe you have been inadequately provided for in a will.
Contact our Wills and Estates Lawyers today for a free case assessment and consultation. Call us on 07 3073 2405 or using the contact forms.
What if I do not have money to pay for your legal fees upfront?
The great thing about contesting a will is that in many situations applications can be made on a deferred or a no win no fee basis. This means that you will not pay money upfront and costs will come out of the money you “win” from our legal representation.
It should also be noted that the court can order legal fees to be paid out of the deceased’s estate. Therefore, it is likely that if you have a successful outcome, that your legal fees will be paid out of the estate.
How do you contest a will and what is involved?
Contesting a will is usually done by making a Family Provision Application. Depending on what State you live in will depend on what is involved in making such a claim. In Queensland, a spouse, a dependant or a child of the deceased are eligible parties to make a claim for provision or better provision to be made under the will.
If you have been left out of a will and are a child, spouse or a dependant it is worthwhile to office a call on (07)3073 2405.
Are there time limits on contesting a will in QLD?
In Queensland, you have a nine-month window following the death of the deceased to file a Family Provision Claim. However, it’s crucial to notify the executor of your intention to make a claim within the first six months after the date of death. This notice must be in writing. If the executor does not receive your written notice within this six-month period, they are legally permitted to distribute the estate’s assets. Should this occur, you would then be left with the more complicated and potentially costly task of recovering the distributed funds.
Read more: Can I contest a will if probate has been granted?
If you’ve missed the nine-month deadline to file a Family Provision Claim, it’s still possible to petition the court for an extension of this time limit. If the estate has not yet been distributed when the court receives your notice, the executor is generally advised to withhold distribution until the court reaches a decision on your application. When evaluating your request for an extension, the court will consider several factors, including:
- The duration of the delay.
- The reasons behind your delay.
- Whether the estate has already been distributed.
- Any evidence of unconscionable conduct on your part.
Each of these elements plays a role in the court’s ultimate determination regarding the admissibility of your late application.
Next Step – Talk to a Lawyer
It is always better to have a free consultation and know your standing and request a fee estimate than wait and be out of time to make an application. There are limitation periods that apply to making a claim so it is always best to act ASAP.
Office Location and Contact Details
Brisbane (by appointment only)
Will and Estate Lawyers Australia
Level 1 / 16 McDougall St
Milton QLD 4064
Phone: 07 3073 2405
Email: enquiry@willandestatelawyers.com.au
