Townsville Will Disputes
When navigating the complexities of Wills and estates, it’s important to understand your rights and options.
If you:
- Have been excluded from a Will
- Feel you were treated unfairly in a Will
- Believe a loved one lacked capacity or understanding when making their Will
- Have a loved one who has passed away without a Will
- Are considering contesting a will in QLD
It is essential to seek prompt advice from Townsville Will Dispute Lawyers, as strict time limits exist for contesting a Will.
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clients helped by our team0+
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of will disputes settled out of CourtWho we help…
Anyone can find themselves in the position of contesting a will in QLD or becoming involved in an estate dispute. If this is you, we can help.
Children, spouses and defactos who have been unfairly treated by a Will.
Executors or Beneficiaries defending a Will.
Frequently Asked Questions
If you have been excluded or not fairly accounted for in a will, you can challenge it in court. You may have a legitimate claim to the estate, particularly if you were dependent on the deceased or related to them, or if the will does not reflect their true intentions.
These five common types of claims or disputes are directly relevant to anyone involved in estate planning or will disputes. Understanding them is key to navigating these situations effectively.
- Provision Claim: If you've been unfairly left out of a will or inadequately provided for.
- Interpretation Dispute: When there's confusion about the meaning of the will.
- Capacity Dispute: If the will-maker had a mental impairment and didn't understand the document's implications when created.
- Undue Influence Dispute: If someone else pressured the will-maker to shape their estate in a way they wouldn't have on their own.
- Executor Dispute: When an executor mismanages the estate, warranting a challenge to their actions or removal.
To contest a Will - that is, make a provision claim against a Will - you must be an eligible person:
- the deceased's spouse
- the deceased's child and/or
- the deceased's dependant.
In order to dispute a Will, we advise that you seek legal advice quickly.
The provision application needs to be filed with the Supreme Court within nine months of the date of death.
Book an initial free consultation with a will dispute lawyer now.
The cost of contesting a Will can vary based on several factors, including:
- Whether you can reach a negotiated outcome without court involvement
- Whether it is necessary to go to court
- The types of investigations needed to gather evidence to support your claim
- The attitude of the executors and other beneficiaries of the estate.
If your challenge is successful, you will typically receive an order requiring the estate to cover some or all of your legal costs.
Contact us to learn more.
Every case is different and a successful claim depends on several factors such as:
- Your relationship to the deceased
- Any relevant evidence
- Your financial circumstances, particularly a financial need that the deceased should have provided for
- Size of the estate
To discuss your claim, book a free initial consultation with a Cairns Will Dispute Lawyer.
How can Townsville Will Dispute Lawyers help?
Navigating the complexities of estate and Will disputes can be daunting. But with our will dispute lawyers by your side, you can face these issues confidently. We provide robust, actionable advice for:
- disputing a Will, if you feel you haven’t been treated fairly
- defending a Will, if it is being challenged by someone else
- challenging an Executor.
Take steps today to get dependable local legal advice about your Will dispute matters.
Our team
Meet your Townsville based expert lawyers.
Michael Laycock
Nick Hay
Zac Middleton-Pol
Kylie Uys
Susan Shore
Katrina Faloon
Sean Webb
Ben Meredith
Tim Dobinson
Kaarina Straatemeier
Alexandra Hovan
Why Choose Us?
KennethZac Middleton of Preston Law has provided me with a professional and comprehensive strategy as a basis for my future plans.
Juanita CPreston Law did a new Will for my daughter and her husband. They were very thorough and made the whole process very easy.
Peta LPreston Law were exceptionally helpful in preparing a will for my husband and I. They answered all our questions and explained everything clearly making the whole process less daunting than we thought it would be. They were very professional, easy to deal with, and got everything done in a timely manner. Thanks!
Gregory WWe had such a great experience with Preston Law. They assisted us with our first Will and Enduring Power of Attorney and were very professional, friendly and explained everything in detail.
We are so happy with the service that was provided and would highly recommend. Thank you Preston Law!
