The death of a family member is a sad and stressful time, and that can be made even more so if people are unhappy with the contents of the Will.
Any Will can be contested, however in Queensland here are strict time limits and rules around doing so.
If you are going to contest a will in Queensland, you have six months from the date of the person’s death to give notice of your intention to claim against an estate.
To do this, you need to give formal notice in writing to the executor or administrator of the estate. Even when you have given that notice, you are then required to start court proceedings within nine months of the person’s date of death.
A Will can be contested for the following reasons:
- Doubt over the validity of the Will.
- Concerns the person was unduly influenced when making the Will.
- You have not been adequately provided for in the Will.
If you wish to dispute someone’s Will, you must be what is called an eligible person. An eligible person is one of the following:
- Spouse of the person who died.
- Child of the person who died.
- A dependent of the person who died.
Some of the questions that a court can consider in determining whether adequate provision has been made for a person include:
- Whether anything you have already received is adequate for your maintenance, education, and advancement in life.
- Competing claims of other eligible persons or beneficiaries.
- The nature and duration of your relationship with the person who died.
- Your financial resources and earning capacity.
- The size of the estate.
Most disputes concerning Wills and Estates are usually resolved in mediation and do not end up in court. However, it is important to note that these kinds of claims can be messy and emotional, so it is vital you receive the right legal advice.
The Wills and Estates team at GLG Legal Springfield can help you navigate through this time, and ensure you receive what you are entitled to.
Contact our office to make an appointment with one of our Wills and Estate specialists now.