Contesting a Will in QLD?

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.

1. Provision Claim: If you've been unfairly left out of a will or inadequately provided for.
2. Interpretation Dispute: When there's confusion about the meaning of the will.
3. Capacity Dispute: If the will-maker had a mental impairment and didn't understand the document's implications when created.
4. Undue Influence Dispute: If someone else pressured the will-maker to shape their estate in a way they wouldn't have on their own.
5. 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.