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.
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.
So you know what probate is (and if you don’t, see our article “What is Probate” here). The next question usually is, "Do I need a grant of probate?"
At its most basic level, a grant of probate is simply a Supreme Court order, given to an executor, that identifies the executor as the person to deal with the deceased person’s estate.
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.
The question of who has the right to try and contest the terms of a will depend ultimately on a number of factors, from where the deceased considered 'home,' to their family setup. learn more about the eligibility and criteria when it comes to who can contest a will.