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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.
Who gets what, and who does what, when you die without a will?
Buying your first home……5 tips to make the process as smooth as possible
In Queensland, there was a perception for a long time that the estate covered the costs for both the successful and unsuccessful parties when claiming against the estate.
According to the world health organisation, elder abuse can be defined as single, or repeated acts, or lack of appropriate action
When you pass away without a will (valid will), you are deemed to have died intestate.
Good estate planning ensures that your assets go to the people that you want them to go to when you die.
The executor of your Will is the person (or people) you have chosen to be in charge of looking after the distribution of your assets.
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.
Before you claim against an estate, you need to ensure that you are eligible to make a claim.
It is the start of a new year and therefore it is the perfect time to review your will and estate plan.
Daniel Leverton was just 40 years old when he died suddenly, leaving behind two young daughters.
A ‘Will’ is a document setting out your wishes as to how you would like your assets and belongings (called your ‘estate’) to be dealt with after you die.
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.