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If you’re looking to contest a will in Queensland, it’s important to understand the legal requirements and the necessary steps involved. Challenging a will can be a complex process, and Maurice Blackburn is here to guide you every step of the way.
Contesting or challenging a will involves doubt about its validity, or whether adequate provision has been made for eligible persons. This might occur when an eligible person feels they have been unfairly left out or not properly provided for in a loved one’s will. In Queensland, contesting a will generally means lodging a legal challenge to ensure the estate is distributed in a way that reflects the deceased's intentions and upholds the rights of eligible persons.
In Queensland, not everyone is eligible to contest a will. The Succession Act 1981 sets out specific categories of individuals who may be eligible to challenge it. The following people can typically contest a will in Queensland:
To successfully challenge a will in Queensland, you must have valid grounds. Common legal reasons include:
When someone unduly pressured or manipulated the deceased into changing their Will to the extent that the free will of the will-maker is overborne.
When the deceased lacks the mental capacity to understand the decisions they are making in their Will.
The deceased may not have had knowledge and approval of the contents of their will.
If the Will wasn’t signed or witnessed correctly.
When someone who was left out of the Will believes they should have received adequate provision.
If the Will was induced as a result of fraud or forged.
If you believe you have grounds to contest a Will in Queensland, here are the essential steps to follow:
In Queensland, you generally have 6 months from the date of the deceased's death to notify the estate of your claim. If you miss this deadline, it becomes significantly harder to make a claim, although exceptions might apply in certain cases. Additionally, you generally have 9 months from the date of the deceased’s death to file an originating application in Court.
To contest a Will, you should first establish your eligibility to view it. This ties back to your relationship with the deceased and ensures you have a legitimate interest in the estate.
Start compiling evidence, such as medical records, financial documents, and any relevant correspondence that may support your case. This process can be complex, so it’s crucial to seek professional advice as early as possible.
Navigating a will dispute can be overwhelming, especially when emotions are running high. Speaking with an experienced lawyer at Maurice Blackburn can offer invaluable guidance and peace of mind. We have offices across Queensland and provide personalised legal support tailored to your situation.
The costs of contesting a Will can vary depending on the complexity of the case. At Maurice Blackburn, we understand that this can be a stressful and emotional process. That’s why we may be able to operate on a No Win, No Fee basis, meaning you don’t pay unless we win your case. While financial costs are one consideration, we also recognise the emotional toll these disputes can take and provide compassionate, ongoing support throughout the process.
This occurs when someone exerts significant pressure on the Will-maker to change the Will in their favour to the extent that the free will of the will-maker is overborne. An example of undue influence might involve a caregiver persuading an elderly person to change their Will in their favour, exploiting the person's vulnerability.
Testamentary capacity refers to the mental ability of the person creating the Will to understand the implications of their decisions, including the nature and extent of their assets and the potential claims of those left behind.
If your worker's compensation claim has been rejected and you want to dispute the decision, strict time limits apply. You must lodge a dispute within 3 months of receiving the notice of rejection. We strongly recommend that you seek legal advice as soon as possible to ensure your rights are protected and deadlines are met.
Understanding cost agreements is crucial for a transparent relationship with your lawyer. At Maurice Blackburn, we offer a No Win, No Fee structure, meaning you only pay our legal fees if we win your case. We'll provide a detailed explanation of any potential costs, including disbursements before you proceed. This ensures you clearly understand the financial aspects of your claim.
Workers' compensation generally covers a portion of your average weekly earnings, not your full salary. In Queensland, the amount paid is a percentage of your pre-injury earnings and may vary depending on the severity and duration of your injury. Specific details will be explained during your claim process to ensure you understand your entitlements.
In certain cases, superannuation contributions may continue while you are receiving workers' compensation payments. This often depends on the terms of your employment and the specifics of your compensation agreement. Our lawyers can help clarify your situation and ensure all your entitlements, including superannuation, are considered.
The duration of a compensation claim can vary based on the complexity of the case, the time needed for your injury to stabilise, and whether any disputes arise. We are here to expedite your claim while ensuring you receive fair compensation.
However, not every case is successful; factors like insufficient evidence or not meeting the eligibility criteria can impact the outcome.
Expert legal advice is essential when it comes to defending a Will challenge, especially if the person contesting has employed a lawyer of their own.
We’ve represented Australian families on both sides of Will disputes for decades, and 98% of our cases settle quickly and professionally out of court.
Contact us today for a confidential, no-obligation consultation to explore your options.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
No Win, No Fee
Client-focused support
We offer a No Win, No Fee process.
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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.
