Disputing a Will involves a legal process known as contesting a Will or challenging a Will. After the passing of a loved one, emotions run high and the thought of going through this process can seem daunting. Our team are here to navigate you through the complexities.
Challenging a Will relates to the validity of the Will. Contesting a Will relates to the provisions of the Will.
Time is critical and in some cases strict time limits apply so speak to one of our Will dispute lawyers as soon as possible.
Reasons to Challenge a Will
There are a number of reasons why a Will can be challenged such as:
- Family Provision Claim: being left out of a Will, or not being well enough provided for in a Will, enables certain people to challenge a Will;
- Capacity Disputes: if the person making the Will did not sufficiently understand what they were doing, or they were so unwell they could not, or did not, have the legal capacity to make a Will;
- Undue Influence: the Will Maker was inappropriately pressured by someone who will benefit under the Will such that the Will was not made in a way reflected that they truly wanted;
- Interpretation Disputes: such as if the Will is not clear, or if there are assets that are not properly described;
- Formality: if the Will does not meet the formal requirements set out in the Succession Act 1981 (Qld); or
- Fraud: if there is evidence that the Will was forged or created through fraudulent means.
How Do I Challenge a Will?
If you are concerned about whether a Will is valid or if you believe you are eligible to contest a Will, we suggest seeking legal advice as quickly as possible. We recommend you begin gathering evidence, including obtaining a copy of the Will and any relevant documents and information related to the estate, such as financial records, communication with the deceased and details about beneficiaries and assets.
In most cases there will also be a requirement to gather evidence from key witnesses, including medical practitioners in appropriate cases, to enable a Court to decide whether the Will Maker actually did have legal capacity to make the Will at the time it was signed and whether the Will can be legally contested.
Our Will dispute lawyers are highly experienced in contesting and defending Wills. Seek advice early if you have concerns about possible undue influence exerted upon a Will Maker, or if you have not been adequately provided for or treated unfairly by a Will.
If you need help or advice about contesting a Will, contact us to arrange a discussion with one of our experienced Wills and Estates Lawyers.