Challenging A Will In Queensland

If you’ve been excluded or inadequately provided for in a will, you can challenge it legally. You may have a claim on the estate, especially if you were dependent on or related to the deceased, or if the will doesn’t align with their true intentions.

There are five common types of claims or disputes:

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.

We recommend you seek legal advice quickly, as 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 varies case by case, depending on the circumstances, such as:

• whether you can negotiate an outcome without involving the court
• whether it is necessary to go to court
• the types of investigation needed to get evidence to support your claim
• the attitude of the executors and the other beneficiaries of the estate.
• If your challenge is successful, you will usually obtain an order that requires the estate to pay 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.