If the point of making a Will is to ensure your property passes to the people you want, then how can Wills be challenged or contested?

While the law recognises that will-makers can make their Will and give their property as they see fit, the law also recognises that will-makers have moral obligations to provide for certain people.

There are various ways that Wills can be challenged or contested.

Wills can be challenged because:

• the will-maker did not have sufficient capacity to make their Will;
• the will-maker was unduly influenced by another person;
• there are suspicious circumstances surrounding the signing of the Will.

Wills can also be contested if the will-maker failed to leave adequate provision in their estate to certain persons.  These estate disputes are commonly referred to as family provision applications.  To be eligible to commence a family provision claim you must be either:

• a spouse of the deceased (this includes de facto spouses and former spouses dependent on the deceased at the time of death);
• a child of the deceased (this includes step-children and legally adopted children);
• a person who was wholly or substantially dependant on the deceased at the time of death.

Estate disputes can also arise where:

• a Will is not signed or witnessed correctly;
• the terms of the Will are unclear and ambiguous;
• a beneficiary mentioned in the Will can not be located or clearly identified;
• there is a disagreement about how estate assets are to be treated;
• there has been a delay in administering the estate.

If you need advice about an estate dispute, contact our Brisbane Wills and Estate Dispute Lawyers to get expert advice about your rights and entitlements.