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Contesting a will

Contesting a will

Deciding on the right representation to help you contest a will in Brisbane takes careful consideration. We recognise that you are searching for a locally-based legal team who will ensure not only the maximum outcome for your case but will also provide a compassionate approach.

Why would you contest a will? 

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; 
  • 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. 

Ultimately, the decision to contest a will rests with you. However, with O’Connor, Ruddy and Garrett Solicitors you will never stand alone. Our experienced 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.

To put your mind at ease, we offer a No Obligation FREE Consultation so we can walk you through the expected process — as it applies to your individual circumstances.

 

How long do I have to take action?

Strict time limits apply in Queensland for applying for further provision from an estate. Therefore, you must take legal action before too much time passes. You stand to benefit more if you take the step to contact us now. 

 

Helping people to contest a will in Brisbane since 1932

For well over 80 years, we have been the legal team of choice for people who have needed help to contest a will in Brisbane and greater South East Queensland. We have a wealth of knowledge as it applies to the local region, and have extensive experience in the realm of Estate Litigation.

Contact us for a no-obligation initial consultation so we can discuss the terms of your case. We have a 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
  • No Obligation FREE Consultation
  • 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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