The loss of a loved one is always a difficult and emotional time. Disputes over the contents of a Will can add to the stress. Regardless of how meticulously a Will is drafted, it can still be contested. In Queensland, there are specific time limits and regulations for doing so.
A Will can be contested for several reasons:
– Questioning the validity of the Will
– Concerns of undue influence on the person making the Will
– Insufficient provision for you in the Will.
If you intend to contest a Will in Queensland, you must give notice within six months of the person’s death. This involves providing a formal written notice to the executor or administrator of the estate. After giving notice, you must commence court proceedings within nine months of the person’s death.
Not everyone can contest a Will; you must be an eligible person, defined as:
– The spouse of the deceased
– The child of the deceased
– A dependent of the deceased.
When determining if adequate provision has been made in a Will, a court will consider:
– The nature and duration of your relationship with the deceased;
– Competing claims from other eligible persons or beneficiaries;
– The size of the estate in question;
– Whether what you have already received is sufficient for your maintenance, education, and advancement in life;
– Your financial resources and earning capacity.
Most disputes over Wills and estates are resolved through mediation rather than going to court. However, these claims can be complex and emotionally charged, making it crucial to seek proper legal advice.
Contact GLG Legal at (07) 3288 3511 or info@springfieldlegals.com.au, and we will help you receive your rightful entitlements.