Contesting A Will In Queensland

Contesting a will in Queensland can be an emotional, time consuming and expensive process. The law surrounding contesting wills varies from state to state, which is why it is important that you seek legal advice from a lawyer who has experience in contesting a will in Queensland.

Reasons for Contesting a Will in Queensland

The reasons why you ultimately want to contest a will should be explored as it can be a difficult decision to make. Do you believe that the deceased did not make the final will? Do you believe the deceased was unduly influenced or of unsound mind when making the will? Was there some sort of fraud or undue influence associated with the making of the will? Do you know that there is a later version of the will with different beneficiaries and/or a different executor? Do you believe that the deceased has not adequately provided for you in their will? Do you believe that the executor under the will is not acting in accordance with the provisions of the will? These are just some of the valid reasons to contest a will and should be discussed further with us prior to taking any steps to contest a will.

Considerations before Contesting a Will in Queensland

There are restrictions on whom and when a will can be contested. These things should be considered if you are thinking about contesting a will in Queensland.

  1. Do you fall within one of the categories of persons eligible to challenge a will or bring a Family Provision Application?
  2. Has the time limit to contest a will expired?
  3. Are there any other people who have contested or may contest the will?
  4. What are your main reasons for contesting a will in Queenslandand is this a valid reason?

Eligible Categories for Contesting a Will

There are certain categories of people who are able to contest a will by bringing a Family Provision Application. They include:

  1. the deceased’s spouse(s)
  2. the deceased’s de facto spouse
  3. the deceased’s children (including adult children)
  4. the deceased’s step‑children
  5. the deceased’s divorce spouse or former de facto spouse
  6. a person who was dependent on the deceased

These categories vary from state to state, for example grand children, parents and siblings do not have an automatic right to contest a will under Queensland legislation. Such persons must prove that were dependent on the deceased at the time of death to be able to pursue a claim.

During emotionally difficult times, legal issues may seem unclear and complicated, but our team at Hillhouse Burrough McKeown Solicitors can assist by providing clear advice and a clear pathway forward regarding contesting a will in Queensland.