One of the first questions new clients often ask is “can I contest a Will after probate has been granted?”
All too often this is because the Executor has refused to give them a Will. Or maybe the family aren’t on speaking terms at the moment and you’ve just discovered that you’ve been excluded from a Will or that you aren’t getting what you expected.
Death can be incredibly stressful and the uncertainty about what your legal rights are in the case of a potential Will dispute makes matters more difficult.
The good news is it is entirely possible to contest a Will after probate has been granted provided it is within 9 months of the will-maker’s death.
However, time limits still apply. Read more to learn about protecting your rights or contact a Will Contest Lawyer in Brisbane for a free case assessment and consultation.
Contesting a Will in Qld time limits
In Queensland, if you plan to contest a Will two crucial time limits apply:-
- Within 6 months of the date of death you must give notice in writing to the Executor of the estate of your intention to contest the Will;
- Within 9 months of the date of death you must file a Family Provision application.
If you are considering contesting a Will, contact the team at Will and Estate Lawyers Australia for a free case assessment and consultation. We offer no win, no fee terms for cases we believe have merit. Call us today on 07 3073 2405.
Why is it possible to contest a Will after probate is granted?
Probate in Queensland is certification from the Supreme Court that the deceased’s Will is valid. An Executor will usually obtain probate to gain access and control to the deceased’s assets so those assets may be distributed to the beneficiaries in accordance with their Will.
In the case of a contested Will, there is no dispute about whether or not the will is valid.
Rather, in contesting a Will by filing a Family Provision application you are claiming the Will does not make adequate provision for your proper maintenance and support, education and/or advancement in life.
If fact, where a Will is contested by a family provision application, it is almost always necessary for the Executor to obtain a grant of probate before the claim can be resolved as the Executor will need Probate to access assets and pay the successful family provision applicant their settlement sum.
Note: there is a distinction between “contest a Will” and “challenging a Will”.
A Will may be challenged due the will-maker’s incapacity, or because of undue influence, duress or fraud on the will-maker when they were making their will.
Such Will challenges dispute the validity of the Will entirely, which means it is far better to challenge a Will before probate has been granted.
Schedule a free consultation with an Estate Dispute Lawyer today for clarity about where you stand, what are your rights and how to protect them.
Takeaway: if a loved one has passed away and you believe their Will does not leave you or someone close to them (including a spouse) with adequate provision, you can still contest the Will even if probate has been granted.
How much does it cost to contest a will?
In the case of a family provision claim that is finalised through the process of mediation, the average cost to contest a will in QLD will be around $30,000 – $50,000. However, if you end up in court, this can increase to more than $100,000.
Given the significant costs involved in challenging a will, it’s prudent to evaluate the assets of the estate and weigh the financial feasibility of pursuing a case. This step helps to ensure that the potential benefits of contesting the will are commensurate with the financial and legal resources required.
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.
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
