Contesting A Will QLD
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Family Provision Claims: Contest Wills
Losing someone close is never easy, and when a will doesn’t provide what you believe is fair, it can feel even more overwhelming. In Queensland, there’s a specific legal pathway for those who believe they were unfairly left out of a will or not properly looked after: contesting a will through a family provision application. This process allows certain individuals to seek further provision from the deceased's estate.
It’s important to understand what contesting a will actually means and how it differs from challenging a will. Though often confused, they are not the same process.
We offer a range of services to assist you in contesting or
challenging a will, with experience across all forms of
will disputes.
Contesting a Will in QLD vs Challenging a Will
While both terms come up in legal disputes after a deceased person’s death, they relate to different issues:
- Contesting a will means claiming the deceased’s close family or dependents were not adequately provided for. This is typically about financial need or fairness and involves asking the Supreme Court to adjust the distribution of the estate.
- Challenging a will, on the other hand, focuses on the validity of the document itself. It is concerned with whether the will was forged, made under duress, or created without proper mental capacity.
Who Can Contest a Will in QLD?
Only an eligible person can contest a will in Queensland. This generally includes a deceased’s spouse, surviving child, de facto partner, adopted child, or the deceased’s dependant. In some cases, a registered partner, or someone wholly or substantially maintained by the deceased, may also qualify.
If a person contests a will, the court will look closely at the claimant's relationship with the deceased and whether adequate provision for proper maintenance and support was made.
What the Court Considers
Every case is unique, and the court considers relevant factors such as:
- The applicant’s financial position
- The applicant's lifestyle
- The financial needs of both the applicant and the other party
- The deceased’s influence on dependents
- Any medical records, witness statements, and financial documents
- Whether the applicant was substantially maintained by the deceased
- The applicant’s health
- The applicant's standard costs compared to the value of the estate assets
The court decides based on what is fair, not necessarily equal. Outcomes vary depending on the particular circumstances.
How We Can Help With Contesting Wills
Our experienced team understands the sensitivity and complexity of these matters. Whether you're a biological child, a child of the deceased, or someone who relied on the deceased and other persons for support, we’re here to help you gather evidence, understand your rights, and navigate the process confidently.
We offer a free initial consultation to assess your situation and seek legal advice on the best course of action for your legal matter. Whether you're waiting to grant probate or already involved in a legal claim, we can support you every step of the way.
Our team are experienced in Queensland wills and estate litigation. That means if you contest a will Brisbane-based at our city offices, or remotely from anywhere in the state, we have the legal advice to support you.
How To Contest A Will QLD
Contesting a will can feel daunting, but the process is more manageable when you know what to expect. Here’s a closer look at the key stages involved:
1. Confirm Your Eligibility
Before anything else, you’ll need to confirm you meet the legal criteria to make a claim. This usually means proving a close relationship with the person who passed away, such as being a spouse, child, or someone financially dependent on them. Our lawyers can help you understand if your situation qualifies.
2. Get Professional Advice and Build Your Case
Once eligibility is clear, it’s crucial to speak to a lawyer from our team. They’ll help you review your circumstances, explain what the court looks at (like your financial situation and the size of the estate), and begin gathering supporting evidence. This might include documents, statements, or proof of past support.
3. Lodge Your Application
With everything in order, your legal team will formally submit your application to the Supreme Court. This step must happen within strict deadlines, generally within nine months of the person’s death. The application outlines your reasons for contesting and what provision you’re seeking.
4. Negotiate or Go to Court
Many cases settle out of court through mediation or informal negotiation, saving time and stress. But if no agreement is reached, the matter may proceed to court. A judge will then decide based on all the evidence and what they believe is fair in the circumstances.
We aim to make the process as seamless and
stress-free as possible, allowing you to
focus on what truly matters.
Contest A Will QLD: FAQs About The Process
What Are the Time Limits for Contesting a Will in Queensland?
Strict time limits apply. You must start legal proceedings within nine months of the deceased's death. However, you must give notice of your intention to claim within six months of the date of death. Missing these deadlines can prevent your claim entirely.
Can I Contest the Estate If the Deceased Died Intestate?
Yes. If the deceased died intestate (without a valid will), you may still be eligible to contest how the estate is distributed. Even in these cases, the process can lead to estate litigation if someone feels they’ve received an inadequate provision.
What Are the Costs and Possible Outcomes?
In most cases, the legal costs of the claim, including the executor’s costs and the legal costs paid to lawyers, may be taken from the estate, depending on the court's decision. If successful, the court may award family members a larger share to better reflect their financial position.
Outcomes may also include dispute resolution rather than a trial, helping reduce stress and delay for everyone involved.
How Long Do You Have to Contest a Will in QLD?
A deceased’s child or other eligible person must notify the executor of their intention to contest a will within six months of the deceased's death. Formal legal proceedings must then begin within nine months. These strict timeframes apply even if a will exists or the deceased died intestate.
If an existing grant of probate or letters of administration have already been made, case law suggests it may still be possible to contest the distribution. This is especially if there are estate assets left to be claimed. However, once the court grants final orders or the estate is fully distributed, your options may become limited.
To protect your rights, it's best to act promptly and seek advice as early as possible.
Who Can Contest a Will in QLD?
Not everyone can contest a will in Queensland. Typically, only close family members or those financially dependent on the deceased have the legal right to make a claim. This often includes spouses, children, de facto partners, or other dependents who believe they have been unfairly left out or inadequately provided for. Each situation is unique, and eligibility depends on your relationship to the deceased and your financial circumstances.
What Do Contested Will Lawyers Do?
Our will contesting lawyers guide you through the complex process of disputing a will. They assess your case, help you understand your rights, and assist in gathering necessary evidence. Whether negotiating a settlement or representing you in court, these lawyers work to protect your interests and seek a fair outcome based on your particular situation.
How Do You Contest a Will in QLD?
Contesting a will in Queensland involves submitting a formal application within a set time frame after the person’s death. The process includes establishing your eligibility, gathering evidence about your relationship with the deceased and your financial needs, and possibly negotiating a resolution or taking the matter to court. Because strict deadlines apply, getting early legal advice from our team is important.
What Are the Grounds to Contest a Will in Brisbane and throughout QLD?
The grounds for contesting a will in Qld typically relate to whether the deceased made adequate provision for their close family or dependents. If you believe the will doesn’t fairly reflect your needs or relationship with the deceased, you may have valid reasons to make a claim. The court considers various factors, including your financial situation, the size of the estate, any special needs you may have (including a disability), and the specific circumstances surrounding the deceased’s death.
What Is the Succession Act in QLD and Is It Still Used Today?
The Succession Act 1981 (QLD) is the key piece of legislation that governs wills, estates, and inheritance matters in Queensland. It sets out the legal rules around making a valid will, how estates are distributed if someone dies without a will, and the process for contesting a will through family provision claims. This Act is very much current and actively used in Queensland’s legal system today to ensure that the wishes of the deceased are respected and that eligible family members receive proper provision when necessary.
Please get in touch with our experts in Brisbane if
you require legal advice on contesting a will.