Category: Estate Disputes
One question we are frequently asked is does a child or grandchild of a deceased have the right to contest a will?
Generally speaking, an attorney owed a duty of absolute loyalty to the principal – meaning that the attorney must place the principal’s interests above their own, and always act in the principal’s best interests.
The following summary sets out some steps when it comes to Contesting a Will in Qld. It includes relevant time frames and procedures when contesting a will and any family provision an applicant ought to be mindful of for Queensland matters.
If you are considering claiming against an estate it is important to act sooner rather than later. The court in Queensland will refuse to hear your claim if you have unexplained delays.
The Succession Act 1991 in Queensland provides that if someone is dissatisfied with the terms of a Will, or if the deceased did not have a Will and someone thinks the rules of intestacy are unfair, they can apply to the Court for ‘proper maintenance and support’ from the estate.