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Contesting a will

Get the Best Estate Litigation representation for Contesting a Will in Queensland by ORG Lawyers. We recognise the thought of possibly going to court to Contest a Wills can be daunting. We investigate firstly if you have a case with a no obligation Free Claim Assessment for Contesting a Will, then if successful we will ensure not only the maximum outcome for your case but will also provide a compassionate approach.

Do you Need to Contest a Will in QLD? 

What might be some reasons for Contesting a Will?

  • 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. 

At O’Connor, Ruddy and Garrett Solicitors we can investigate and let you know if you have a case to Contest a Will. Our experienced Wills and Estate legal team can help you weigh up your options in Estate Litigation. This is in order to save you costs, energy and any unnecessary emotional toll in contesting a will. 

Unsure if you can Contest a Will?

To put your mind at ease, we offer a 60minute FREE Claim Assessment so we can walk you through the expected process — as it applies to your individual circumstances.

Strict Time Limited Apply in Queensland.

Strict time limits apply in Queensland if you are considering Contesting a Will. Therefore, you must take legal action before too much time passes. From our Initial Claim Assessment we can help you submit an application before time limits apply. You stand to benefit more if you take the step to contact us now. 

Contact us for a no-obligation initial consultation so we can discuss the terms of your case.

Take Advantage of our No-win, No-fee option that may be suitable for you. 

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

FAQ’s

  • Who is entitled to make a claim?

    Not ‘anyone’ can make a claim for proper maintenance and support. The Succession Act provides the following people can make a claim against the estate.

    1. Spouse (which includes):

    • Legally married couples.
    • De facto couples.
    • Same sex couples.
    • Registered partnerships.
    • Former spouse (in limited circumstances).

    2. Children (which include):

    • Biological children.
    • Stepchild children.
    • Adopted Children.

    3. A dependent:

    The persons entitled to make a claim are, in part, dependent upon where the deceased person and their estate assets are located, and so by extension, which jurisdiction the claim is brought in.  The Succession Act 1981 (Qld) provides that the following people can make a claim against an estate in Queensland:

    • A parent of the deceased.
    • A grandchild of the deceased.
    • A parent of a surviving child under the age of 18 of that deceased person
    • A person under the age of eighteen.

    Other jurisdictions have different categories of eligible applicants.  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 do I have to prove for my claim to be successful?

    In order for your claim to be successful, you have to prove that you have not been provided adequate provision from the estate. Estate disputes are unique and depend on many factors. Generally, the Court will consider five things when determining your application:

    • Your financial position.
    • The financial position of the other beneficiaries.
    • The size and nature of the deceased estate.
    • The totality of the relationship between yourself and the deceased.
    • The relationship between the deceased and the other persons who have a legitimate claim on the estate.

    Each case is determined on its own unique set of factual circumstances. In order to discuss your entitlement, please contact us for a free 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. 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?

    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.
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