Estate litigation…
This article relates to the law in Queensland.
Contesting a Will?
By contesting a Will, you are arguing that the distribution of assets among beneficiaries under the Will is unfair and that the court should intervene to provide you adequate provision (estate litigation). In Queensland, you can contest a will if you are an eligible person and you believe that you have been left without adequate provision by a deceased person. This is often referred to as a family provision application.
Challenging a Will?
Contesting a Will is different from challenging a Will (also estate litigation). If you are challenging a will, you are arguing that the Will is invalid. An example of this might be that the Will is invalid because the now deceased person lacked the capacity at the time of making the Will.
Left out of the Will?
If you have been left out of a Will altogether and you are an eligible person (including a spouse, child or dependent of the deceased), you might be able to bring a family provision application against the deceased estate.
If you have been left out the Will or have not adequately provided for under a Will, you should seek legal advice as to your rights.
Time limitations to contesting a Will
Eligible persons have six (6) months from the date of death of the deceased to notify the executor / representative of the estate of their intention to bring a family provision claim against the estate and nine (9) months from the date of death to file the application in a competent Court.
It is very important that you file the application against the estate within this time, otherwise, you may no longer be able to bring the application against the estate.
It is also very important to provide notice of your intention to bring a family provision application against the deceased estate before the expiry of the six (6) month period from the date of death. If you fail to do so, the estate my be administrated and assets may be distributed to the beneficiaries which may result in there no longer being any assets left in the estate to claim against.
Does estate litigation result in a Court attendance?
In family provision applications, the parties are generally required to participate in a mediation (alternative dispute resolution) in attempt to resolve the matter before the application is heard by the Court.
Next Steps
If you believe that you have been left out of the deceased’s Will or inadequately provided for under a deceased’s Will, contact us at Klein Legal today. Klein Legal are your Sunshine Coast local estate litigation lawyers.
This is general information only and does not constitute legal advice.
If you or someone you know would like more information or needs help or advice about this topic, please contact us on (07) 5458 6855 or email mklein@kleinlegal.com.au.