Have you been left out of a Will?
Contesting a Will in Queensland is also referred to as a bringing Family Provision Application
Not everyone can contest a Will. The only people entitled to bring Family Provision Applications are:
(a) spouses (which includes de facto spouses);
(b) children (which includes step-children); or
(c) dependents.
The legal definitions of spouses children and defendants are different to the everyday meanings of the words. It is best to call our Gold Coast legal team on (07) 55 711 982 to see whether you fit within the definitions above.
A Will can only be contested in Queensland if the deceased person:
(a) Lived in Queensland; and or
(b) Owned Real Estate in Queensland
How to get Started
(a) A family provision application involves an application being made to the Supreme Court.
(b) The applications are complicated and should be brought by a lawyer to give you the best chance of success, we recommend calling Gold Coast Legal Advisors on (07) 55 711 982 for advice on bringing an application.
(b) The executors and other beneficiaries may also be represented. The applicant will be required to satisfy the court that they are deserving of further provision from the estate.
Has the Will been made under influence or duress?
If the will was made under influence or pressure, the validity of the Will may need to be tested in court. That process is known as a “Solemn Form Proceeding”. In a solemn form proceeding, the court will inform itself of all of the relevant factors and use that information to determine whether the Will is valid or invalid. If the court rules that the Will is invalid, the court may make an order setting it aside.
Time Limits
In order to contest a Will, you must give notice to the executor of the estate that you intend to contest the will of the deceased. The notice must be given in writing within six months of the date of death. If no notice of claim has been given within 6 months of the date of death, the executor will often distribute the estate. Once the assets have been distributed, the estate administration process will be finalised and there will be no estate assets to claim provision from.
Notice given outside of this date will still be valid, provided that the time limit for filing the application in court has not expired. The Succession Act 1981 (Qld) requires that an application for further provision from an estate must be filed within 9 months of the date of death. The court does have discretion to extend that timeframe if it sees fit.
If you are considering contesting a will or need some legal advice regarding an estate, telephone the legal advice hotline for an obligation free chat on (07) 55 711 982.
Contesting a Will in Queensland is also referred to as a bringing Family Provision Application
Not everyone can contest a Will. The only people entitled to bring Family Provision Applications are:
(a) spouses (which includes de facto spouses);
(b) children (which includes step-children); or
(c) dependents.
The legal definitions of spouses children and defendants are different to the everyday meanings of the words. It is best to call our Gold Coast legal team on (07) 55 711 982 to see whether you fit within the definitions above.
A Will can only be contested in Queensland if the deceased person:
(a) Lived in Queensland; and or
(b) Owned Real Estate in Queensland
How to get Started
(a) A family provision application involves an application being made to the Supreme Court.
(b) The applications are complicated and should be brought by a lawyer to give you the best chance of success, we recommend calling Gold Coast Legal Advisors on (07) 55 711 982 for advice on bringing an application.
(b) The executors and other beneficiaries may also be represented. The applicant will be required to satisfy the court that they are deserving of further provision from the estate.
Has the Will been made under influence or duress?
If the will was made under influence or pressure, the validity of the Will may need to be tested in court. That process is known as a “Solemn Form Proceeding”. In a solemn form proceeding, the court will inform itself of all of the relevant factors and use that information to determine whether the Will is valid or invalid. If the court rules that the Will is invalid, the court may make an order setting it aside.
Time Limits
In order to contest a Will, you must give notice to the executor of the estate that you intend to contest the will of the deceased. The notice must be given in writing within six months of the date of death. If no notice of claim has been given within 6 months of the date of death, the executor will often distribute the estate. Once the assets have been distributed, the estate administration process will be finalised and there will be no estate assets to claim provision from.
Notice given outside of this date will still be valid, provided that the time limit for filing the application in court has not expired. The Succession Act 1981 (Qld) requires that an application for further provision from an estate must be filed within 9 months of the date of death. The court does have discretion to extend that timeframe if it sees fit.
If you are considering contesting a will or need some legal advice regarding an estate, telephone the legal advice hotline for an obligation free chat on (07) 55 711 982.