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Contesting a Will Qld

Guide to Contesting a will in Qld: family provision claims

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Contesting a Will QLD Family Provision Lawyers

Dispute Unfair Wills - No Win No Fee Family Provision Applications for Deceased Estates

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At Will and Estate Lawyers Australia

we help people to find solutions to complex will disputes.

Lawyers at WELA Contesting a Will QLD specialise in Will, Estate & Inheritance Dispute compensation claims.

How WELA Contesting a Will Lawyers can help you

Is a will valid?

What makes a will legally valid?

Unsigned wills

Contested Wills

Can wills be contested?

Can a will be contested after probate has been granted?

Will Disputes

Who is eligible to contest a Will in Queensland?

What is a Family Provision Claim?

Do you have a question about contesting a will?

Call now 07 3073 2405

If you would prefer one of our Will Contest Lawyers to contact you, complete the enquiry form below

Contesting a Will in QLD: Frequently Asked Questions

Is it worth it to contest a will?

The vast majority of family provision claims in QLD are successful. Our lawyers carefully assess your case. We only take on matters we believe will win. We stand behind our assessment and offer to contest the will no win, no fee. Contact us today for a free case assessment.

What grounds are there for contesting a will?

The most common grounds for contesting a will in Queensland are:

  1. the will does not adequately provide for a spouse, child or dependent of the deceased person;
  2. the will was made under duress or the will-maker was unduly influenced to make the will in a certain way;
  3. the will-maker did lacked testamentary capacity to make the will;
  4. the will doesn't meet the formalities (e.g. it wasn't signed or it wasn't witnessed by two independent   witnesses who weren't beneficiaries).
Who pays the legal costs?

The costs of successful will disputes are typically paid from the estate. For family provision claims we offer a no win, no fee arrangement so there is minimal risk to exercising your rights

Who has the legal right to contest a will?

To make a family provision application in Queensland you must be a spouse, child or dependant of the deceased. To dispute a will on other grounds, such as due to a lack of capacity or undue influence, you must have an interest in the estate. For example, if you were a beneficiary of an earlier will, you may be an interested party and be eligible to dispute whether the new will is valid.

What work can a Wills and Estates Lawyer do?

  • LITIGATION

  • eXECUTORS

  • INSTESTACY

Can wills be contested?

Contesting a Will starts with careful assessment of your needs against the resources of the estate. If we believe you have not been adequately provided for in a Will, we’ll take your case on a no win, no fee basis.

First we establish your eligibility to make a Family Provision claim and ensure you comply with the complex procedural Court rules and strict time limits. We will evaluate your current and future financial needs and assess your chances of success. We also defend contested Wills, so we’re used to carefully evaluating the merits of a claim.

Strict time limits apply, so schedule a no cost consultation with a wills and estate expert today.

Contesting a will Help

Can an executor take everything?

No, not unless they are the sole beneficiary. The executor of a will has a fiduciary duty to the beneficiaries to act in their interests. An executor's duties include accounting for their dealings which means they have to detail the assets collected and monies spent on preserving the estate (such as paying bills, insurance). An executor holds the estate property on trust (meaning on behalf) for the beneficiaries. If they don't distribute assets within a year without good reason, it's time to get advice about how you can protect your interest and get your inheritence today.

Executor woes? Contact us today

Intestacy Claims

What happens if someone dies without a will in Qld? 

If someone close to you has passed away without leaving  a will then their estate will be distributed in accordance with the intestacy rules in Qld. We can help work through the complex arrangements and advise you about how to protect your rights.

Learn more

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