Contesting a Will – What You Need to Know

Contesting a Will – What You Need to Know

When people talk about contesting a will qld they are usually referring to a claim made under section 4 of the Succession Act 1981. These are claims brought by family, dependants or domestic partners who believe they have not been adequately provided for in the deceased’s estate.

If the Court contesting a will qld  that adequate provision has not been made for the applicant, they will order that the estate pays the costs of the application. This includes legal fees for the applicant as well as any expenses incurred by the executor in defending the claim.

A time limit applies to these claims. An applicant must notify the executor of their intention to make a claim within six months of the date of death and file their claim in court within nine months of that date. This is to ensure the executor has not already distributed the estate and there are still assets available to claim against.

Contesting a Will in Queensland: Know Your Rights and Legal Options

It is a good idea to seek legal advice before commencing legal proceedings in these cases. A lawyer who specialises in estate litigation can help with the process and advise on your chances of success.

To commence a claim, an affidavit must be filed with the Supreme Court setting out facts and evidence to support the claim. This is a very thorough process and requires careful consideration of the evidence available. The affidavits are also scrutinised by the opposing party’s solicitors to ensure all relevant material has been included.

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