If you feel you have been unfairly left out of a will, or that you haven’t received what you thought you were entitled to in a will, or you haven't received what you were promised from a will, you may have grounds to contest the will. This is what you will need to know if you want to contest a will in Queensland.
Contesting a will often comes with strict time limits, so you must act quickly if you intend to make a claim. Find out the ins-and-outs regarding the time limits when contesting a will.
As much as estate solicitors go on about the importance of having a will, or having an up-to-date will, it’s not because we are bored and are seeking work – it’s because of the all too real situations we come across when we see things go wrong. Read more about a real-life situation and consequences that came as a result of not having an up-to-date will.
Without stoking the embers or fearmongering, the reality of COVID-19 and its disruption on our livelihoods is now an undisputable reality.
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.
Where there’s no will, it means that there cannot be an executor – because an executor is the person appointed by the will to carry out the instructions contains in the will. Where there’s no will, the scenario is called an “intestacy”, and the deceased person is said to have died “intestate” – that is, died without a will.
Need a Copy of a Will?
If you need a copy of a Will and/or are seeking legal advice, the team at O'Connor Rudy and Garrett can assist you. We will contact you to confirm additional details and then organise contacting the required parties to secure a copy of the Will for you.