How To Stop Someone Contesting A Will In QLD

Why Do People Contest a Will?

To understand how to stop someone contesting a will, you first have to understand why this action occurs. Contesting a will often happens when family members believe they’ve been treated unfairly or left out entirely. Some of the most common reasons include:

• Belief that the will is invalid because of issues such as mental capacity or undue pressure.
• Claims of adequate provision not being made for dependants or close relatives.
• Conflicts between other beneficiaries, especially when inheritances appear unequal.
• Disagreements over estate assets or distribution of major assets like property.
  
  

The law recognises that when a person dies, leaving behind close relatives who relied on them, there may be a duty to provide support. That’s why disputes are more likely when someone feels their needs or legal rights have been overlooked.

Can You Legally Prevent a Challenge?

When considering how to stop someone from contesting a will, you have to keep in mind that challenging a will is often a legal right. Under Queensland law, certain people have the right to make family provision claims. This includes spouses, children, and those who were financially dependent on the deceased. The reality is that the Succession Act 1981 gives these eligible parties the ability to apply for changes to a will if they believe they haven’t received proper support. *insert link*

This means it is not legally possible to guarantee that no challenge will be made. However, careful planning and the right advice can significantly reduce the risk and protect the testator's wishes.

1. Work With an Experienced Lawyer

Having a will prepared by a legal professional ensures it meets all formal requirements and minimises loopholes. The clearer the drafting, the less chance for disputes.

2. Confirm Testamentary Capacity

Courts often examine whether the will-maker had testamentary capacity. Obtaining medical assessments and keeping medical records can help show the will was made freely, without undue influence and with full understanding.

3. Address Financial Needs and Adequate Provision

When the court considers a challenge, it often looks at the financial need and financial circumstances of claimants. By recognising these issues ahead of time and documenting reasoning, the testator’s death is less likely to result in a successful family provision application.

4. Document Intentions Clearly

A signed statement explaining decisions can help, particularly if a former spouse, adult children, or a de facto partner are left out. Though not binding, such documents provide context for court discretion.

5. Structure Assets Thoughtfully

Some assets may fall outside the estate, such as jointly owned assets, property held as joint tenants, or assets held in a family trust. Using strategies like structuring assets or creating a binding death benefit nomination in a super fund can sometimes reduce potential challenges.

6. Keep the Will Up to Date

Circumstances change, new relationships, de facto partners, or the arrival of children. Regularly reviewing and updating an existing will ensures it reflects current wishes and minimises disputes.

7. Consider Non-Estate Planning Tools

Life insurance, superannuation payouts, or placing personal assets in joint names with a surviving owner can help provide asset protection and ensure wealth is passed directly without going through the will.

Who Can Contest a Will in Queensland?

Not everyone can bring a challenge. Under the Succession Act, only certain people qualify. This generally includes:

• A spouse, including a de facto partner.
• Children, including adult children.
• Dependants who were financially dependent on the deceased.

Knowing who qualifies as potential challengers helps families plan realistically. If someone doesn’t fall into these categories, they usually cannot make a claim.

What the Court Looks At in Will Disputes

When a contested will reaches the Supreme Court, judges consider a range of factors to determine whether a fair outcome has been achieved. These often include:

• The size of the estate and what assets are available.
• The moral responsibility of the deceased toward the applicant.
• The applicant’s beneficiary's current situation, including their financial need.
• Whether there was a moral obligation to provide financial support.
• The needs of other beneficiaries and whether granting a claim would require greater provision than originally intended.

If the court finds the will doesn’t provide fairly, it may order changes to the distribution of the deceased estate. This is why proactive planning is so important.

How QLD Probate Can Help With Asset Protection

Navigating a legal matter involving a contested will can be overwhelming. At QLD Probate, our team of experienced solicitors understands how to stop someone contesting a will in QLD, as well as both the emotional and legal challenges involved. We can help you:

• Draft clear, compliant wills that reflect the intended beneficiary’s wishes.
• Provide strategies for managing Mum's estate, or any complex estate administration.
• Advise on binding nomination options, family trust planning, or superannuation payouts.
• Represent you in court if disputes arise, ensuring your side is presented clearly and fairly.
  

Balancing Your Wishes With Legal Protection

Our role is to balance testamentary freedom with the realities of Queensland law, giving you peace of mind that your planning has the best possible protection against disputes in the legal process.

If you’d like tailored advice bout how to stop someone contesting a will or protecting your estate, reach out, reach out to our friendly team today. We’re here to guide you every step of the way.

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