Will Dispute Lawyers Brisbane

Disputing a will, involves legally challenging the validity or terms of a deceased person's will. 

Disputing a will can occur for various reasons. You may feel that you have been inadequately provided for, have doubts about the deceased person’s mental capacity when the will was drafted, suspect undue influence, or feel that the will-maker lacked testamentary capacity. 

If you believe you have been inadequately provided for in the will, seek early legal advice from our will challenge lawyers. Our experienced estate lawyers will guide you through this stressful process, ensuring your rights are protected and that any estate disputes are resolved fairly. 

Will disputes can arise for different reasons and involve various legal processes. If you have concerns about the deceased person’s will, there are two main pathways to consider:

• If you believe the will is invalid, due to factors such as undue influence, lack of testamentary capacity, or forgery, you may challenge it through the courts. These types of will disputes can be brought by anyone with a genuine interest in the deceased’s estate, such as named beneficiaries or close family members.
• If you accept that the will is valid but feel you have received inadequate provision, you may be an eligible person to make a family provision claim under the Succession Act 1981 (QLD). Eligible persons include the deceased’s spouse or de facto partners, children, step-children, and financial dependents.

It is crucial to act quickly, as strict time limits apply when disputing a will. Our experienced dispute lawyers can guide you through the estate administration process, help you understand your rights as an eligible person, and assist in building a strong case tailored to your circumstances.

In Queensland, if you wish to make a claim because you believe you have received inadequate provision, you generally have up to nine months from the date of death to do so. It is also important to provide notice of your intention when contesting wills within six months, to prevent the executor(s) from distributing the estate.

For other types of disputing a will, such as challenging the will’s validity due to undue influence, fraud, or lack of capacity, different timeframes and procedures apply, so early legal action is essential.

For professional assistance with will disputes, contact our contested wills and probate lawyers today.

Our estate lawyers at Probate Queensland specialise in providing professional advice tailored to your circumstances. Whether you're questioning the validity of a will or have concerns about how an estate is being managed, our dedicated team works tirelessly to ensure your rights are protected and your voice is heard. 

Get in touch with our lawyers for will disputes today, and we will help you find the best course of action in your will dispute matters. 

Navigating the complexities of will disputes can be a daunting and emotional process, but our experienced will dispute lawyers in Brisbane are here to guide you every step of the way. 

Our estate lawyers at Probate Queensland specialise in providing professional advice tailored to your circumstances. Whether you're questioning the validity of a will, feel you've been unfairly left out, or have concerns about how an estate is being managed, our dedicated team works tirelessly to ensure your rights are protected and your voice is heard. 

Get in touch with our contested will lawyers today, and we will help you find the best course of action in your will dispute matters. 

Under the Succession Act 1981 (QLD), a family provision application is a legal process where family members or beneficiaries apply to challenge a deceased estate because they have been left out or believe they have not been adequately provided for. 

In Queensland, this can include spouses, children, and financial dependents. The court reviews the applicant's relationship with the deceased, their financial needs, and the overall assets of the deceased person’s estate to determine if further provision should be made. 

To avoid the complexity of submitting family provision claims, our estate litigation lawyers will help you understand your rights and improve your chances of submitting a successful application.

When reviewing a family provision claim, the court considers several key factors to ensure a fair and just outcome. Primarily, the court evaluates the financial needs and resources of the claimant, the nature and quality of the relationship between the deceased and the claimant, and the obligations or responsibilities the deceased had towards the claimant. 

Additionally, the court examines the size and nature of the estate, any contributions the claimant made to the estate or the deceased's welfare, and the competing claims of other potential beneficiaries. 

Queensland Probate boasts a team of experienced wills and estates experts who can help you take action if you need to dispute a deceased person’s will. QLD Probate is a legal practice with a proven track record for compassionate support, owned by Aejis Legal, a law firm established in 2007. Our legal team comprises 11 staff, 3 lawyers and 6 paralegals, all with over 65 years of combined experience.

When it comes to estate litigation, you can rest assured that you will receive help from a qualified and experienced team. We value our clients and are empathetic to their situations, offering comprehensive support through our understanding of legal framework. For this reason, we are available to answer your questions at any time and offer a free initial consultation to better understand your situation and how we can help you solve it.

Yes, adult children may be able to dispute a will under certain conditions. While not guaranteed a share of the estate, the court may consider claims if there is evidence of financial hardship or a lack of proper maintenance by the deceased. However, the court applies specific eligibility criteria to determine if a claim can proceed. Seeking expert advice early can help clarify your position and whether you meet the necessary requirements to make a claim.

When disagreements arise in estate matters, they often relate to how estate funds are distributed, how a person prepares their will, or misunderstandings between the parties involved. These situations can become complex, particularly if the case escalates to the Supreme Court. It’s important to protect eligible people and resolve conflicts fairly. Getting practical advice from a legal professional familiar with wills, estates and probate can help prevent long delays and ensure the process is handled appropriately.

If a last will cannot be located or is found to be invalid, the estate may be distributed according to intestacy laws, which set out a default order of inheritance. In cases where more than one will is discovered, the court will examine each version to determine which one is legally binding. A previous will may be used if it meets the legal requirements and was not properly revoked by a more recent document.