Disputed Wills are claims against deceased estates by potential beneficiaries left out of a relative’s will.
A person is able to create their will however they please but that doesn’t mean you can’t exercise your rights and dispute it. Queensland law allows family members or dependants who suffer hardship because they have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them. If you need help with disputing a will, call us now on 1300 580 413
Who can claim against the estate?
- Executors or administrators managing a deceased estate
- A child, spouse, dependant or former wife left out of a will
- A beneficiary wishing to challenge the fairness of a will
- A child or spouse who wishes to administer the estate of a deceased who died with no will
- An executor or beneficiary who is concerned about the validity of a will
- A child, spouse or dependant who is suspicious of the influence of another person over the terms of the will
Where do I start?
Written notice must be given within six (6) months and legal action commenced within nine (9) months of the date of death. To get started, collect relevant information as best you can include a list of estate assets, a list of surviving dependants and particulars of your relationship with the deceased.
Will the matter be taken to court?
When it comes to estate disputes the matter will often settle before it reaches the court date, usually in Mediation Conference.
Disputing a Will
Have you been left out of a will? Compensation may be available.
Reviewing a Suspect Will
If a person who makes a will is impaired by senility or other incapacity, the will can be reviewed by a court and a fair distribution of the estate can be ordered.