How Do I Contest a Will in Queensland?

If you are left out of a family member’s will, it can be a distressing and stressful experience. You have a right to contest a will, however, the process is often complex, especially in the case of high-value estates. It’s best to seek advice from a wills and estates lawyer experienced in contesting wills. At Resolute Legal, you speak to a will dispute lawyer with extensive experience helping clients in Townsville. Below, we look at how you contest wills under Queensland law.

Can I Contest a Will?

People eligible to make a claim on an estate under the family provision claim, include:

  • Any children of the deceased person
  • Their spouse or domestic partner
  • A former spouse of the deceased person
  • A grandchild who was at any time dependent on the deceased person
  • A person who was, at any time, wholly or partly dependent on the deceased person, and at any time a member of the same household as the deceased person
  • A person who was living in a close personal relationship with the deceased person at the time of their death.

If you’re left out of a will and want to know what your rights are, start by speaking with one of our estate lawyers who can advise you on the steps to take.

Making a Family Provision Application

There are several factors the court must consider when someone is making a family provision application, including:

  • The applicant’s disabilities, health issues and age
  • The relationship between the deceased and the applicant
  • The financial resources, earning capacity and needs of the applicant
  • The needs of others who may be eligible for the estate
  • The character and conduct of the applicant before and after the death
  • Any relevant Aboriginal or Torres Strait Islander customary laws.

You must give notice that you intend to make a family provision application within six months of the person’s death and then do so within nine months of the death. If you fail to apply in time, the court may not consider your application. Get advice from a will dispute lawyer first to ensure your eligibility and how to best make your claim.

Consult a Wills and Estate Lawyer in Townsville

Find out more about contesting a will by speaking to one of the estate lawyers at Resolute Legal in Townsville. Call us on 07 4724 5563 or contact us online for advice.

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