Contesting a Will in QLD

At Will and Estate Lawyers, we specialize in Will Disputes

In Queensland, there are 4 main ways to dispute a Will:

  1. Family Provision
  2. Incapacity
  3. Mistake, Fraud, Undue influence
  4. Error in form of will (e.g. not witnessed)

Challenging a Will - Family Provision

Family provision laws impose a responsibility on Australians to provide for certain persons on death for the proper maintenance, education and advancement in life.

If proper provision, either under a Will or intestate distribution has not been made, eligible persons may apply to the Supreme Court to vary the estate.

Provision out of the testator’s estate will be ordered if the applicant is both eligible to apply, and the deceased had a moral duty to provide for the applicant. 

Am I eligible to challenge a will?

In Queensland, if you have been left out of a Will or if you feel that a Will doesn't fairly provide for you, you may be eligible to challenge a Will if you are:

  • a spouse (including de-facto spouse);
  • child (including step-child); or 
  • a person who was substantially maintained or supported by the deceased and you are their parent, child under 18 years of age or the parent of a child of the deceased who is under 18 years of age.

Strict time limits apply to challenging a will in Queensland, so contact us today for an obligation-free consultation with an Estate Lawyer.

What is meant by 'adequate provision' & had 'adequate provision' been made for me?

There is no set criteria for what is considered adequate provision. What is "adequate" depends on the value of the estate and personal circumstances. 

The decision about whether adequate provision has been made from a will is something the Court decides.

Factors it takes into account include the size of the estate, assistance provided to you by the deceased during their lifetime, other competing claims etc.

Contact us for a free assessment and to see if we can take your claim on a no win, no fee basis.

Contesting a Will - Incapacity, Errors, Mistake, Fraud or Undue Influence 

A person must have testamentary capacity to make a Will which is commonly considered to mean sound mind, memory and understanding.

In Queensland a person may contest a Will based on incapacity. It is necessary to show evidence of incapacity at the time of signing the Will. 

Contact us for an obligation-free consultation with a Wills Lawyer to assess whether you may contest a will on the basis of incapacity.  

Another way to contest a Will is if there is an error, mistake, fraud or undue influence when making the Will.

For a Will to be valid, the Will-maker must have testamentary intention. In other words, they knew and approved the contents of the Will.

If there are suspicious circumstances surrounding the signing of the Will there may be grounds to contest it.

For an obligation-free case assessment, speak to a Wills Lawyer today.