BRISBANE ESTATE DISPUTE LAWYERS
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.
Challenging a Will
Contesting a Will
Defending a Will
Call our Brisbane Estate Dispute Lawyers Today on (07) 3172 7100 to have your questions answered.
Contact us to arrange your free initial consultation
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