DO YOU NEED TO CONTEST A WILL?

If you believe you have been unfairly treated in a Will or have been left out entirely, you may have grounds to contest the Will by challenging the validity of the Will or seeking a greater share of the estate.

 

Grounds to Contest a Will

In Queensland, there are several grounds on which you can contest a Will.  These include:

Lack of testamentary capacity;

Undue influence;

Fraud or forgery;

Family Provision claims;

Validity of the Will.

It is important to consult with an experienced solicitor who specialises in will disputes to determine the best course of action based on your individual circumstances.

 

Steps to Contest a Will

Contesting a Will can be a complex legal process.  Here are some general steps to guide you through the process:

Seek legal advice. Consult with a qualified solicitor who specialises in estate litigation.

Gather evidence. Collect all relevant documents, such as the will, death certificate, records of estate assets, your financial records and your relationship with the deceased, and any other evidence relevant to support your claim.

Give notice of your claim. Give written notice to the executor or administrator of the deceased estate of your intention to make a claim against the estate.

Lodge a claim. File documents to make a claim with either the Supreme Court of Queensland or District Court of Queensland within the required time frame.

Mediation and Negotiation. You may be required to attend mediation sessions to attempt to resolve the dispute. This can occur before or after a claim is lodged with the Court.

Court proceedings. If the dispute remains unresolved, the matter may proceed to a court hearing.

The Court will make a decision based on the evidence presented by each party during the court hearing.

Appeal (if necessary). If you disagree with the Court’s decision, you may have the option to lodge an appeal.

 

The right legal team

If you need to contest a Will in Queensland, having a skilled and knowledgeable lawyer is essential.  Here are some key factors to consider when selecting a lawyer:

Experience.  Look for a lawyer who specialises in estate litigation and has a strong track record in handling will disputes.

Reputation.  Research the lawyer’s reputation and read client reviews or testimonials to ensure they have a good standing in the legal community.

Communication.  Choose a lawyer who communicates effectively and keeps you informed about the progress of your case.

Personalised attention.  Ensure that the lawyer you choose provides personalised attention to you throughout your case.