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Contesting a Will in Queensland: Grandchildren’s Eligibility and Limitations

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Contest A Will Eligibility Criteria

In Queensland, grandchildren can contest a will, but only in certain circumstances. 

That is, you must be able to establish that the grandchild was financially dependent on the deceased at the time of their death, and they’re under the age of 18. If you can meet that criteria, you can bring a claim for further provision from an estate. We had an inquiry recently from a grandchild of a deceased. Their mother, the deceased daughter, died about 10 years ago, and the grandchild lived with their grandmother and was financially reliant on the grandmother. The grandmother died and left a will to her only son who was a sole beneficiary, and nothing to the grandchild.

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Age Limitation

This particular case, the grandchild was unable to bring a family provision claim against the estate, because despite the fact they were financially reliant on the deceased, they were over the age of 18, and as a result precluded them from bringing a claim. If you want to know what your legal rights are, and if you have a valid claim or not, please contact our office for a free initial climate assessment. Thank you.

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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.