You can contest a Will by either challenging the validity of a Will or contesting the amount of money you have been left under a Will.
Contest the validity of a Will
If you doubt the deceased’s mental capacity at the time the Will was made, consider that the deceased was unduly influenced to leave a gift to a particularly beneficiary, doubt that the deceased understood the effect of the Will, or consider the Will is a forgery or was not witnessed properly, you can challenge the validity of a Will.
To determine the validity of a Will you can make an application to the Supreme Court of Queensland. In these sorts of claims, often medical evidence and the solicitor’s notes surrounding the signing of the Will are required. The Court will then consider if the Will is the true, last valid Will and testament of the deceased, made freely and without influence.
Family Provision Application in Queensland
If you feel as though you have been unfairly left out of a Will or have been left without adequate provision, you can make a Family Provision Claim to the Court. The claim is made against the deceased’s estate for either a share, or a larger share of the estate.
Not everyone can make a family provision application. The following classes of people in Queensland can make an Application to the Court for further provision:
– A spouse of the deceased (including de facto)
– A child/children of the deceased (including stepchildren & adopted children); and
– Financial dependents who were wholly or substantially maintained or supported by the deceased (including grandchildren, parents of the deceased, members of the deceased’s household and the parent of the deceased’s surviving children who are under the age of 18).
Examples of situations which would warrant a Family Provision Application are as followings:
– If you are a child of the deceased and the deceased has left all of his/her estate to your siblings and has left you out of their Will completely or has left you less money than your siblings;
– If you are the widow of the deceased, and the deceased left the entire estate to charity;
– If you were a de facto partner of the deceased and you were not included in the Will or were not left adequate provision in the Will;
– If you were a step-child of the deceased and you were no included in the Will or were left less provision than your siblings.