How do you challenge a will?
If you have been left out of a will, or think that you have not been adequately provided for, it’s possible that you may have grounds to challenge a will.
While it can seem like a daunting task to challenge a will, one of our highly experienced and friendly staff can help you understand what’s involved and how to do it.
Click the ‘Enquire now’ button and one of our friendly team will be in touch at a time that suits you:
Who can contest a will?
If you fall into one of the following categories, then you may be eligible to contest a will:
- Spouses (current and former)
- De facto partners
- Children (including step-children and adopted children)
- A person who was living in a close personal relationship with the deceased at the date of death
- A person who was dependent on the deceased
If you are in one of these categories, and would like to know more, then please get in touch. Click the ‘Enquire now’ button and one of our friendly team will be in touch at a time that suits you:
What are the different types of claims that can be made on a will?
If you have been left out of a will, or think you have been better provided for, it may be possible to make a claim. Some of the main types of claim include:
- Family maintenance – this is where someone close to the deceased believes that they were not left enough, and want a larger portion of the estate
- Breach of trust – if you believe the executor of the will has failed in their duty, then you can ask for them to be removed
- Lack of capacity – if you believe the deceased lacked capacity when they made the will, and you were a beneficiary in a previous version of the will, then you may be able to make a claim
- Undue influence – if you believe that the deceased was pressured, (or unduly influenced) by someone else to sign a will that was not representative of their true wishes.
If you think that one of the above applies, and would like to know more, then please get in touch. Click the ‘Enquire now’ button and one of our friendly team will be in touch at a time that suits you:
What are the next steps?
It is important to get started as soon as possible. In Queensland, notice must be given to the executor within six months of the date of death, and any court applications (e.g. for family provision applications) must be made within nine months of the date of the deceased’s death.
If you miss this deadline, you could still make an application, but it is at the discretion of the court whether it will be allowed.
How can Colville Johnstone help?
Will disputes don’t have to be expensive or time consuming. In fact, the majority of will disputes are settled out of court.
At Colville Johnstone, we have a long history of helping settle will disputes in Queensland. Our team of dedicated, experienced and friendly lawyers will help you at every step of the way. Click the ‘Enquire now’ button and one of our friendly team will be in touch at a time that suits you: