Contest a Will

Contesting a Will also referred to as Disputing a Will or Challenging a Will are terms which indicate the desire to challenge the content of a WILL.

The team of A.L.F. Lawyers Wills Dispute Lawyers can guide you to evaluate any ground you may have for Contesting a WILL and assist you with the process.

An individual may choose to Challenge a Will if they believe that:

  1. the will was not properly executed;
  2. at the time of making the will the person lacked mental capacity;
  3. proper provisions were not made to members of the family;
  4. You have unfairly been cut out of a Will;
  5. the will was not the most current one available;
  6. there is evidence of tampering;
  7. the meaning of the Will is not clear; and
  8. the Will was executed under pressure from others.

A claim can only be made in Queensland if either:

  1. There is real estate property owned by the deceased situated in Queensland; and/or
  2. The deceased was domiciled (living permanently) in Queensland at the date of his or her death and owned personal property anywhere.

It is important to make the Executor of a Will know as soon as possible after the deceased death if you doubt or question the validity of the Will.  Notice to the Executor should be given in writing. By lodging your claim early, you will ensure that estate assets are not sold or distributed and any subsequent monies spent or distributed. There are also strict time limits which apply to family provision applications in Queensland.

HOW DO I GET A COPY OF A WILL?

If you know who the Executor of the WILL is, then make a written request for a copy to the Executor.

In situations where you are not aware of the Executor, or the Executor refuses to provide you a copy, you may consider the following options:

  1. Contact the deceased Will Lawyers who may have created the Will;
  2. Contact the Supreme Court and seek advice as to the status of a PROBATE application. Where a PROBATE application has been received, the WILL would have been attached and you can apply to receive a copy; or
  3. Contact A.L.F. Lawyers who will assist you in locating the WILL and obtaining a copy.

CHALLENGING A WILL VERSUS CONTESTING A WILL?

Both terms generally refer to the same outcome, however the method in which you go about CONTESTING a WILL differs depending on the situation.

An individual may CONTEST A WILL where you have been treated unfairly or been left.
You can also CHALLENGE A WILL, DISPUTE A WILL or CONTEST A WILL where there are grounds to say that the WILL Is invalid and should be struck out.

This situation can arise when the individual that prepared the WILL was suffering from Dementia or Alzheimer or in situations where they may have been forced by a Family Members, De Facto or a Carer to change their WILL.

Our Wills Dispute Solicitors can guide you in all areas of Contesting A Will.

IS CONTESTING A WILL EXPENSIVE?

Every situation is different which influences the level of complexity and the time that will be required to settle the matter. We encourage to meet with our Will Dispute Lawyers to discuss your specific situation and we will provide you our professional assessment of possible outcomes and costs.

As part of the process, our Lawyers would ensure that you are fully involved every step of the way providing absolute clarity as what is likely to occur next.

Where a dispute is successful, the Court has the power to order the legal fees to be paid out of the Estate of the deceased person.