On what grounds can a Will be contested?
When contesting a will, a person is generally entitled to distribute their assets by way of a will as they please. The courts however, have the power to vary gifts in a will, provide benefits for persons omitted from a will or declare an entire will invalid.
Queensland law allows family members, dependents and sometimes relatives, to challenge the will if they feel they have been overlooked or inadequately provided for. Disputed wills are becoming increasingly common.
An applicant should be an eligible person in relation to the estate of the deceased to contest a Will. An eligible person is someone who falls under either one of the following:
- Spouse of the deceased;
- Child of the deaceased;
- A dependant of the deceased.
While Spouse and Child definitions are almost the same as the Succession Act would expect, for any person to be a “dependant”, at the date of the person’s death they have “total or substantial maintained” by the deceased. As such, you may be an eligible person to challenge a Will if you relied financially on the deceased at the date of the death of the deceased.
We are here to help you make decisions regarding this process and if a challenge proceeds, to make it easier for you. If you are require further information regarding contesting a will or will disputes, please contact us or call us on 1300 580 413