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Contesting a will QLD

Get the best estate litigation representation when you need assistance contesting a will in Queensland — from O’Connor, Ruddy and Garrett Lawyers.

If you need to contest a will in Queensland, you do not have to feel alone or powerless. If you believe you were entitled to more, did not receive what you were promised from a will, or you believe foul play is at fault; we can help. 

It is likely you have the right to make a claim against an estate, and to contest the will.

Although these circumstances can sometimes be complex, we will help find a way to correct them.


Unsure about taking legal action?

At O’Connor Ruddy and Garrett Solicitors, we save you money, time, and the associated emotional toll in disputing wills and inheritance with our No Obligation FREE Claim Assessment

Our experienced Wills and Estate legal team can help you weigh up your options in contesting a will. This is always our very first step in our process of assisting you.

  • We are experienced in different types of Estate Disputes and will help you get what you are entitled to.
  • As both the sword and the shield; we assist in bringing successful claims against wills and estates, but also successfully defend unnecessary applications brought against an estate.
  • We are big enough to take on any case in Queensland but still have the personal touch of a small family business.

After a successful claim, we will not only ensure the maximum outcome for your case, but will also provide a compassionate approach at every step of the way.


Get help with contesting a will in QLD

It can be very distressing to learn you have been left out of a will, or not given what you think you deserve from a will. However, we recognise that the thought of going to court can be daunting.

Before you go ahead, you must know: is it worth contesting a will, or indeed, challenging a will?

Since 1932, O’Connor, Ruddy and Garrett Lawyers have helped many Brisbane, and Southeast Queenslanders challenge a will/contest a will (they have different meanings: learn the difference here) and with all matters related to estate litigation. This is so that they receive what they are lawfully entitled to or what they were promised.


Why would you contest a will?

What might be some reasons for you to seek justice in relation to wills and estates?

  • To seek what is fair, particularly in cases of undue influence;
  • It is often about seeking closure, especially where the person who made the will had a ‘moral duty’ of care that has not been fulfilled; 
  • If you or someone has been unfairly left out of a will;
  • Sometimes it is about vindicating the rightful place of someone within the family tree that has been estranged, forgotten or ignored by no fault or intention of their own, e.g. having occurred through breaches of power of attorney

Get clarity and assurance by speaking to our experienced estate litigation lawyers. Our initial advice, whilst capped at 60 mins, is 100% complimentary to you and there’s absolutely no obligation that you proceed.


You should act now in order to contest a will in QLD

Strict time limits apply in Queensland for applying for further provision from an estate, so we advise you to find out where you stand much sooner rather than later.

Ask us about our No-Win, No-Fee option. Take advantage of our No Obligation FREE Claim Assessment today.

You can also contact us online, or call our office direct on 07 3221 9722.

Have a question?

Get in touch today

  • We can organise a free copy of the deceased’s will
  • FREE Claim Assessment
  • We can help you dispute a will and help you make a claim
  • Get a response within 1 business day
  • We also have NO WIN NO FEE options

    or give us a call
    Call 07 3221 9722


    • Who is eligible to contest a will in QLD?

      Not just ‘anyone’ can contest a will. The Succession Act provides the following people can make a claim against the estate.

      1. Spouse

      2. Children 

      3. A dependent

      Other jurisdictions have different categories of eligible applicants who wish to dispute a will.

      Learn more about eligibility to contest a will in QLD

      If you want to discuss if you are entitled to make a claim, please contact our office for a free consultation to better understand your rights and arrange a FREE No Obligation Consultation.

    • What time limits apply if you want to bring an application against an estate?

      Strict time limits apply in making an application for further and better provisions from a deceased estate. In Queensland, you have six months from the date of death to notify the executor of the estate you intend to bring an application for proper support and maintenance from an estate. In relations to estate disputes, you have nine months from the date of death to file your application in Court.

      The Court has the discretion to extend the time period when filing your application, although it can be costly.

      The above details are relevant to Queensland, and different time limits apply in New South Wales, Victoria and other jurisdictions.  In order to protect your rights, please contact our office for a free consultation to discuss your rights.

    • Do I have to go to Court when contesting or challenging a will?

      No. The Court makes parties in an estate dispute attend mediation in an attempt to settle the claim.

      Who pays my legal costs for bringing an application or for challenging a will?

      Generally, the legal costs of challenging a will are paid directly from the estate. In respect to an unsuccessful claim, in some instances, the Court has ordered the unsuccessful to pay the legal costs to the estate.

      We provide a detailed analysis of your claim before commencing proceedings, so you are fully aware of your legal position.

      Other forms of estate disputes arise out of the following circumstances:

      • The deceased did not have capacity when they signed their will.
      • The deceased did not make their will of their own free will.
      • You believe the will has been tampered with.

    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.