CONTACT US WITH YOUR QUESTIONS
QUEENSLAND SPECIALISTS IN PROVIDING ADVICE ON BENEFICIARY ENTITLEMENTS
After the death of a person, their Will is read and then the Executor named in the Will is then duty bound to administer the estate in accordance with the terms of the Will. Sometimes the wishes of the Deceased person as outlined in the Will are not clear. It is possible for a dispute to arise during the administration of the estate about the meaning of the Will.
Essentially, the Executor or an interested beneficiary will need to bring an Application to the Supreme Court of Queensland if there are two possible interpretations for the meaning of the Will or if there was some form a clerical error when the Will was drafted.
At The Estate Lawyers, we would be pleased to represent either the Executor or any beneficiary of a Will whereby the terms of the Will are not clear. If there is an arguable case, it is common that all costs of the interpretation Application are paid from the Deceased’s estate.
Do you still have questions? Contact us and we will be happy to help!
COMMON QUESTIONS ABOUT THE INTERPRETATION OF QLD WILLS
+ WHO IS RESPONSIBLE TO DETERMINE WHAT A QLD WILL MEANS?
If you are an Executor, it is usually your responsibility to investigate so far as is reasonable what the Will should mean. Once the Executor has completed their investigations, they should advise all interested beneficiaries what the evidence says and see if an agreement can be reached.
+ WHAT DO I DO IF THE PARTIES DO NOT AGREE ON THE MEANING OF THE WILL?
If an agreement about the meaning of the terms of the Will cannot be reached, the Executor should bring an Application to the Queensland Supreme Court for the Court to determine the meaning and construction of the Will.
+ I AM A BENEFICIARY OF AN UNCLEAR WILL. WHAT ARE MY RIGHTS?
If the beneficiary is worried that the Executor does not accept there is a dispute about the terms of the Will or is not properly investigating, the beneficiary can also file the Court Application seeking Orders from the Court.
+ HOW LONG DO I HAVE UNTIL I NEED TO FILE A COURT APPLICATION IN QUEENSLAND
If you are an Executor, it is usually your responsibility to investigate so far as is reasonable what the Will should mean. Once the Executor has completed their investigations, they should advise all interested beneficiaries what the evidence says and see if an agreement can be reached.
DO YOU HAVE ANY QUESTIONS? GET ANSWERS FROM THE ESTATE LAWYERS. YOUR INITIAL CALL OR EMAIL IS FREE
We always want to speak with any potential new client. It does not cost you anything to get in touch with one of our specialist estate lawyers. We will provide you with some initial guidance free of charge and we can discuss with you our fee proposal for any work you might require and the time frame for the completion of your work.
Call us during business hours or choose contact us at The Estate Lawyers for email and other contact information.