The most common cause of estate disputes in Queensland are will contests (family provision applications), challenged wills and Wills containing errors. If you are an Executor, beneficiary or someone who affected by a will challenge, contact a Brisbane Estate Lawyer today for a free consultation.
Contesting a Will QLD
If you are left out of a Will, or you believe you have been unfairly provided for, you may be entitled to contest a Will.
In Queensland, a Will is contested by filing a Family Provision application in the District or Supreme Court Registry.
To be eligible to contest a Will, you must be a spouse, child or person dependent upon the deceased.
For a claim to be successful, you must demonstrate:-
- The Will did not make adequate provision for your “needs”.
- The appropriate amount of provision which should be made for you from the estate.
How much provision to be made for you depends on many factors including your personal circumstances and the assets of the estate.
Read more about contesting a will in Qld or contact a Qld Will Disputes Lawyer for a free consultation today.
Challenging a Will QLD
In Queensland, a Will can be challenged on these grounds:
- Undue Influence or Duress – where significant pressure or influence was placed on the Will maker to make their will a certain way. Usually for the benefit of the person expressing the influence.
- Incapacity – where the will maker did not have capacity to make the will because they did not know or understand their actions. Common in cases of elderly and vulnerable people like Alzheimer or dementia sufferers.
- Error or issue with the will – for example where the Will was not witnessed, or where the witnesses were beneficiaries of the Will.
Strict time limits apply, so if you have suspicions about a Will, contact a Qld Estate Lawyer today for a free consultation. Or you can read more about challenging a Will in Qld.
