Wills are designed to reflect a person’s final wishes regarding how their assets should be distributed after death. However, not all wills are straightforward, and sometimes disputes arise over their contents or the circumstances in which they were made. In Brisbane, contesting a will is a legal right in certain situations, but it involves strict procedures and deadlines. Understanding how this process works is essential for anyone considering taking legal action.
Who Can Contest a Will?
Not just anyone can challenge a will. Under Queensland law, only “eligible persons” may contest a will, typically including:
- The spouse (married, de facto, or former spouses in some cases)
- Children (biological, adopted, or sometimes stepchildren)
- Dependents (financially supported individuals)
These people can make a family provision claim if they believe they have not been adequately provided for in the will.
Grounds for Contesting a Will
There are two primary ways to contest a will:
- Challenging the validity of the will: This involves arguing that the will is not legally valid due to reasons such as undue influence, lack of mental capacity, fraud, or improper execution.
- Making a family provision claim: This involves accepting the will as valid but claiming that the distribution is unfair or insufficient based on the claimant’s needs and relationship with the deceased.
Disputes may also arise when multiple wills exist, or when someone suspects that the will does not reflect the deceased’s true intentions.
How the Process Works
To contest a will, a claim must be filed in the Supreme Court of Queensland, generally within nine months of the deceased’s date of death. The claimant must also provide evidence supporting their claim and demonstrate financial need or an unjust exclusion from the will.
The process often involves negotiation, mediation, or, in some cases, court hearings. Many disputes are settled out of court with the help of legal professionals.
Because these cases are time-sensitive and legally complex, most claimants seek guidance from experienced probate lawyers Brisbane. A lawyer can assess the strength of your case, explain your rights, gather necessary documents, and represent you throughout the legal proceedings.
Costs Involved
Legal costs can vary based on the complexity of the dispute. In some cases, costs may be paid by the estate if the claim is successful. However, unsuccessful claims may leave the claimant responsible for both their own and possibly other parties’ legal fees.
Contesting a will in Brisbane is a serious decision that should be made with full knowledge of your rights, obligations, and potential outcomes. Engaging experienced probate lawyers Brisbane gives you the best chance of a fair resolution, whether through court proceedings or negotiated settlement. It’s important to act promptly and get sound legal advice to protect your interests.
