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Contesting a will

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

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.

 

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. This is always our very first step in our process of assisting you.

If your claim assessment is successful, we will ensure not only the maximum outcome for your case but will also provide a compassionate approach at every step of the way. Find out more.

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

FAQ’s

  • Who is entitled to make a claim to challenge or contest a will in QLD?

    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 who wish to dispute a will.  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 (related to wills and estates) to be successful?

    In order for your claim (related to wills and estates) 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. 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.

Have a question?

Get in touch today.

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