Can a Will Be Overturned in Queensland? Legal Grounds for Challenges
A will is meant to reflect a person’s final wishes, but there are instances where it can be challenged. In Queensland, the law allows eligible individuals to contest a will under certain circumstances. If you believe a will is unfair or invalid, seeking guidance from an experienced wills lawyer in Cairns is essential.
Legal Grounds for Challenging a Will
- Lack of Testamentary Capacity
For a will to be legally valid, the person making it (the testator) must be of sound mind. If they were suffering from dementia, mental illness, or cognitive decline at the time of writing the will, it may be challenged on the grounds of lack of testamentary capacity.
- Undue Influence or Coercion
A will must be made voluntarily, without pressure from others. If a person was forced or manipulated into signing a will, it could be overturned in court. A wills lawyer in Cairns can help assess whether undue influence played a role.
- Fraud or Forgery
If there is evidence that a will was forged or that the testator was misled into signing a document they didn’t understand, the court may declare the will invalid.
- Failure to Meet Legal Requirements
In Queensland, a will must be in writing, signed by the testator, and witnessed by two people. If these legal requirements aren’t met, the will may be deemed invalid.
- Family Provision Claims
Queensland law allows certain family members or dependents to contest a will if they were unfairly left out or not adequately provided for. The court considers factors such as financial need, relationship with the deceased, and contributions made to the estate.
Seeking Legal Advice
Challenging a will can be a complex legal process. If you suspect a will is unfair or invalid, consulting a wills lawyer in Cairns can help you understand your rights and options. At WGC Lawyers, we provide clear, professional advice to guide you through the process and achieve the best possible outcome.
If you need assistance with contesting a will or estate planning, contact WGC Lawyers today.