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.
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. Whereas, a Letter of Administration is given to someone who isn’t named as executor in the will.
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.
Estate litigation enjoys a relatively unique status in litigation. In most court cases, it is relatively standard for the losing party to be ordered to pay the legal costs of the winning party. Read more to find out all about the cost of contesting a will
The answer to this question can be tricky, as it will depend on which State or Territory is best placed to determine the matter – and this further depends on where the deceased person was when they died, where they ordinarily resided, and where their assets are located. Read to find out more
Blended Families can take on many forms. ORG Solicitors understand this and have helped many people successfully bring claims against Estates. In this video, the director of ORG Solicitors Christopher O'Connor identifies the types and causes of Blended Families and why disputes typically occur against their Will and Estate Plans.
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.
Under section 40 of the Succession Act 1981 (Qld), any child who is a natural child, is a child of the deceased.
The level of trust you should have in an attorney, prior to their appointment.
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.