Dispute a Will in Brisbane
When your spouse, parent or step-parent dies and their last Will does not leave their Estate the way which you think is fair, there may be something you can do about it. Generally, there are many ways in which you can dispute a Will in Brisbane and therefore if you have any doubts at any time about the creation and execution of a Will, our estate lawyers would like to talk with you about it.
There are two ways to dispute a a Will which are more common than the others. The first is you can challenge a Will on the basis that the Deceased person did not know what they were doing when the Will was signed. This is known as a solemn form dispute because the Deceased person did not have testamentary capacity to make their last Will and therefore it should be set aside. It can be a very complex area of law and so it demands the specialised experience of our lawyers should you believe a Will should be set aside due to the Deceased’s incapacity.
The second and far more common way which you can challenge a Will is in circumstances where the Deceased knew what he or she was doing when the Will was signed, however you are not happy with its contents because the Deceased did not leave you or a member of their immediate family with enough provision for their maintenance and support. This is also known as a Family Provision Application.
No matter the circumstances, if you do not accept that the terms of a Will are correct, we can help you to dispute a Will in Brisbane to ensure the estate of the Deceased does pass to the people who are legally entitled to receive it.
If you require further information about our estate litigation services and how you can dispute a Will in Brisbane, please call us or download the information brochure below or call us on 07 3229 2215.
Yes you can successfully challenge a Will made by a solicitor. The Estate Lawyers acted in the case of Ruskey-Fleming v Cook where our client succeeded in having a Will that was drafted and witnessed by a solicitor set aside on the basis that the Deceased did not have capacity to make the Will.
If the Deceased person was your spouse, parent or step-parent you may have a right to dispute a Will in Brisbane by bringing what is known as a Family Provision Application. This is a Court Application where, regardless of the terms of the Will, you are applying to the Court for an Order to be made for your proper maintenance and support.
Most Estate disputes settle well before they are set down for Trial. In Queensland before any matter is set for Trial all parties to the dispute must attend a Mediation Conference to try to resolve the dispute. It is at these Mediation Conferences that the vast majority of claims settle.
If you are named in the Will or a previous Will of the Deceased, or if you are the Deceased’s spouse, child or step-child the Executor must provide you with a copy of the Will upon your request. If they refuse to, they will be found to be in breach of the Succession Act. It is common for Executors to initially refuse to provide a copy of the Will. Our experience is that a refusal to provide the Will upon your request generally means the Executor knows you will not be happy with what the Will says.
Yes. If you wish to commence a Family Provision Application seeking that further provision be made for you, you must advise the Executor in writing that you want to challenge the Will within six months from the date of the Deceased’s death and file Court proceedings within nine months from the date of the Deceased’s death. Estate disputes are not matters where you can delay taking action. If you are out of time, your right to bring the claim may be lost. If you are in any doubt about whether to dispute a Will or not, we want to talk with you to take the steps needed to protect your position.
Yes. Generally the less money you have, the stronger your Family Provision Application is. We understand this and so after reviewing your claim with you, we can agree upon our terms of payment, which may include a no win no fee agreement whereby we only receive payment once you have received your inheritance, with our fees to be capped by the amount you are to receive from the estate. Please speak with us about the variety of our payment terms.