If you believe you’re entitled to a larger share of someone’s estate than what was left to you in their will, you may want to consider making a claim. It’s important to fully understand the process before proceeding, but the first step is proving that you are eligible to make a claim.
Are you eligible to claim against an estate?
Before you claim against an estate, you need to ensure that you are eligible to make a claim. In Queensland, The Succession Act 1981 outlines who is eligible to claim. Those who can claim against an estate include:
- Spouse.
- Children.
- A dependent.
Learn More About Grounds to Dispute a Will
What are the next steps of claiming against an estate?
Step 1) Notifying the Executor
If you doubt the validity of the Will, then you must make this known to the executor as soon as possible after the deceased’s death and before the Grant of Probate is issued.
If the grant has already been issued steps can be taken by lodging a caveat against the estate to prevent the grant being lodged. If you need further information on this, please contact our office.
By lodging the caveat, the executor will need to commence contested proceedings for the grant of probate, in which the Court will be asked to decide on whether the Will is valid or not.
Step 2) Apply for Grant of Probate
The executor of the Will must apply for grant of probate before the deceased’s wishes can be carried out under the instructions of the Will. When applying for the grant, the executor is required to confirm the document’s validity, and the court must be satisfied that it is a valid document before issuing the grant.
Step 3) Grant of Probate is Issued
If the executor and the court have confirmed the Will’s validity, you will be issued the Grant of Probate.
Learn More About the Probate Process in QLD
Remember, time limits do apply:
- If you intend to challenge a Will, you must let the executor know, in writing within six months of the deceased person’s death. The application must commence within nine months of the deceased’s death.
- The court will then determine whether adequate provisions have not been made or advise whether they believe the claim should be settled out of court, depending on the size of the estate.
To get your free no-obligation consultation and begin contesting a will, fill in the form below.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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