Contest a Will

Personalised Legal Services In Brisbane You Can Trust

We have over 40 years of experience in estate litigation and assisting clients get their fair share from estates. We can assist you on a fixed fee basis.

How can Wills be contested?

Wills can be contested under various provisions of the Succession Act 1981 (Qld). These include:

  1. One of the most prominent methods of contesting or challenging a Will is by making a Family Provision Application. This provision allows the Court to intervene and change the terms of the Will where family members or dependents are not listed as beneficiaries in the Will.
  2. If there is doubt about the validity of the Will for whatever reason, a Court has power to invalidate it in particular circumstances.
  3. If you suspect the deceased was unduly influenced or did not have testamentary capacity

Who can make a Family Provision Application?

A Family Provision Application can be made by the following if they have been excluded or not adequately provided for in the Will:

  1. Spouse, including de-facto spouse;
  2. Children, including step children;
  3. Dependants.

When will a Family Provision Application succeed?

The law requires the Courts to determine Family Provision Applications in two stages:

  1. Does the Will fail to make “adequate provision” for the proper maintenance and support of the applicant; and
  2. If so, what provision should be made for the Applicant?

In determining the above two stages, the Court will consider various factors, including:

  1. 1. Whether adequate provision has been made for the Applicant from the estate of the deceased;
  2. How large or small is the estate;
  3. How the Will appointed beneficiaries and how were the assets divided between the beneficiaries;
  4. The financial circumstances of the Applicant;
  5. The details of the relationship between the deceased and the Applicant and how much the Applicant relied upon the deceased;
  6. The on-going needs of the Applicant; and
  7. The character and/or conduct of the Applicant.

Strict time limits apply for Family Provision Applications and you should immediately seek expert legal advice if you think you may have been left out of a Will.