Challenge An Unfair Will

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WHERE CAN I GET HELP IN BRISBANE OR THE GOLD COAST TO CONTEST A WILL IN QUEENSLAND?

When your spouse, parent or step-parent dies and their last Will does not leave their Estate the way which you think is fair, there may be something you can do about it.

Generally, there are many ways in which you can contest a Will. Our lawyers based in Brisbane and the Gold Coast specialise in challenging all Wills relating to a Queensland estate. If you require further information about our estate litigation services and how you can dispute a Will, please contact us today with your questions, we're here to help.

WHAT IS A FAMILY PROVISION APPLICATION (‘FPA’)?

Just because a person might have testamentary capacity to make their Will, it does not mean that the terms of the Will cannot be successfully contested in Queensland.  If you are a spouse, child or step-child, pursuant to the Succession Act, you can commence Court proceedings to contest the terms of a Will and seek that further money be provided to you.

Contesting a Will on this basis is known as a Family Provision Application (‘FPA’) and The Estate Lawyers want to talk with you about your chances of success should you want to contest a Will.

No matter what the circumstances are, if you do not accept that the terms of a Will are correct, we can help you to contest a Will to ensure the estate of the Deceased does pass to the people who are legally entitled to receive it.


CONTESTING A WILL IN QUEENSLAND BY BRINGING YOUR FAMILY PROVISION CLAIM

The circumstances which usually lead to someone contesting a Will through the Queensland Courts by filing a Family Provision Application include:

  • Where the Will is old and has not been updated to take into account changing family circumstances or increases or decreases in a person’s wealth;

  • When the Deceased person has married, divorced, commenced or ended a de facto relationship so the terms of their Will are not current 

  • When a parent leaves money to their new spouse to the exclusion of their own biological children, or when a parent favours the interests of their own children to the exclusion of their step children;

If any of these situations sound like yours, our solicitors at The Estate Lawyers would like to talk to you.  We encourage you to contact us urgently because time limits apply and if you do not commence the process to contest a Will in time, the estate could be distributed and your right to commence your Family Provision Application in Queensland could be lost.

WHAT IF I AM NOT NOT HAPPY WITH CONTENTS OF A WILL?

You can contest a Will in some circumstances if you are not happy with its contents because the Deceased did not leave you or a member of their immediate family with enough provision for their maintenance and support. We understand that if a Will does not leave you the money which you think you deserve, it’s upsetting. We want to talk with you to see how we can help you to contest the terms of the Will by bringing a Family Provision Application.

 

CONTACT THE ESTATE LAWYERS. WE ARE THE SPECIALISTS IN CONTESTING WILLS

Since 2012, The Estate Lawyers have been providing specialised advice in all Brisbane, Gold Coast and Queensland based Will and Deceased estate matters. During that time, some of the more common questions from our past clients who we helped to contest a Will are noted below.

Click the + to expand the question and reveal the answer. Still got questions? Contact us and we will be happy to help!

 

COMMON QUESTIONS ABOUT CONTESTING A WILL  

+ CAN I CONTEST A WILL?

Provided you are the spouse, child or step-child of the Deceased person, you have a right to commence Court proceedings seeking further provision from the Deceased person’s estate.

This is known as a Family Provision Application. The ever-increasing complications of today’s family units with step-parents, step-siblings and half-siblings, as well as the rising value of real estate and complicated superannuation rules, mean that it’s increasingly common for the terms of a Will, especially an old Will, to be successfully challenged.

+ IF I CONTEST A WILL IN QLD, AM I GOING TO WIN?

To succeed in any Family Provision Application, you need to show that you have a financial need for further provision from the estate and that the Deceased person should have provided for those needs in the Will.

So if you can show that you have standing to contest a Will, you have a need for provision and there is money in the estate, you are a good chance of success.

+ IF I CHALLENGE THE WILL, DO I HAVE TO GO TO COURT?

Our solicitors at The Estate Lawyers are Will and estate litigation specialists. We will do what it takes to ensure you receive the best result possible.

If that means you need to proceed to Trial, we will do that. If that means we settle before a Trial, we shall advise you of this as well.

Most Will and estate litigation in Queensland does not proceed to a Trial because it is mandatory that the parties participate in a Mediation conference before a Trial date is allocated.

Our experience is the vast majority of Will and estate litigation settles at Mediation.

+ WHEN I WIN BY CONTESTING A WILL, HOW MUCH DO I GET?

The amount of money you can receive should you contest a Will depends on the size of the estate, your need for money and the competing claims that the people named in the Will might have to the estate.

Until The Estate Lawyers have had the chance to read your evidence, we cannot provide advice as to how much you might receive.

+ WHAT TIME LIMITS APPLY TO CHALLENGE A WILL?

There are different time limitations to contest a Will in each State. In Queensland, you have six months from the date of the Deceased’s death to give written notice of your intention to bring a Family Provision Application pursuant to Part 4 of the Succession Act.

If the Executor of the estate does not receive this written notice, or the notice is ineffective because it does not comply with all legal requirements, they will distribute the estate and your ability to successfully contest the Will is going to be lost.

Once you have given that written notice, you must file the Court proceedings in a Queensland Court within nine months from the date of the Deceased’s death.

The Estate Lawyers would like to talk to you as soon as possible to ensure your right to contest a Will is protected.

+ WHAT ARE THE POTENTIAL OUTCOMES OF THIS TYPE OF WILL AND ESTATE LITIGATION?

When you commence the Family Provision Application, the Court has a wide discretion how much to award you.

There is no set formula and so the Court after reviewing all of the evidence can award you as much or as little as they believe is required for your financial needs to be met.

A contest to a Will is not like a testamentary capacity Will dispute whereby the only result in those is a yes or a no outcome. In a Family Provision Application theoretically you could receive anywhere from nothing to all of the estate depending on the circumstances.

+ WILL YOU CONTEST A WILL ON A NO WIN NO FEE BASIS?

The Estate Lawyers in certain circumstances will represent you so that if you do not receive any money from the estate, then you do not need to pay any legal costs.
Should you be successful in your Family Provision Application, your settlement will include an amount for the payment of your legal costs.
[Please call us to discuss][0] our fee arrangements further because we do not want your inability to pay legal costs to be an impediment to you contesting a Will with one of our Will and estate lawyers.

+ I DON’T LIVE IN BRISBANE OR THE GOLD COAST, CAN YOU HELP ME WITH THE WILL LITIGATION?

The Estate Lawyers represent clients from all over Queensland, Australia and the world.

It does not matter to us that you do not live in Brisbane or The Gold Coast because we will find a way to represent you which suits you.

Your location does not concern us and so long as the estate has a connection with Queensland, we can represent you in any estate litigation or Will contest.

+ DO YOU REPRESENT EXECUTORS TO DEFEND A CONTEST TO A WILL?

We will represent any party involved in any type of Will or estate litigation. If you are an Executor or a beneficiary named in Will which is being contested, we at The Estate Lawyers would be pleased to hear from you.

GOT QUESTIONS? GET ANSWERS FROM THE ESTATE LAWYERS. YOUR INITIAL CALL OR EMAIL IS FREE

We always want to speak with any potential new client.  It does not cost you anything to get in touch with one of our specialist estate lawyers.  We will provide you with some initial guidance free of charge and we can discuss with you our fee proposal for any work you might require and the time frame for the completion of your work.  

Call us during business hours or choose contact us for email and other contact information.