Getting left out of a family member’s will can be a distressing surprise that comes with feelings of betrayal and stress. While the process can be complex, particularly with more valuable estates, you do have the option to contest the will. At WGC Lawyers, we specialise in estate litigation in Cairns. Here, we explore how to contest wills under Queensland law.
Can I Contest a Will?
If you’re thinking about contesting a will, the first important step is to seek advice from a wills lawyer in Cairns who is experienced in estate litigation. Generally speaking, you may be eligible to make a claim on an estate under the family provision claim if you are:
- A child of the deceased person
- Their spouse or domestic partner
- Their former spouse
- A grandchild who was dependent on the deceased person at any time
- Someone who was wholly or partly dependent on the deceased person at any time and was, at any time, a member of the same household.
- Someone who had a close personal relationship with the deceased person at the time of their death.
Deciding what is an adequate provision and what this amounts to can get very complex, often varying from case to case. That’s why getting tailored legal advice is an important first step.
Making a Family Provision Application
A person contests a will by making a family provision claim, which can only be made in Queensland if there is tangible property owned by the deceased situated in Queensland and the deceased lived in Queensland at the time of their death. When deciding on a family provision claim, the court will consider:
- Your age
- Any disabilities or health issues you may have
- Your relationship with the deceased
- Your financial resources, earning capacity and needs
- The needs of others who may be eligible for the estate
- Any other matters the court deems relevant
If you are thinking of making a family provision claim, act immediately. There are strict time limits that apply and assets may be distributed before you have a chance to intervene.
Consult a Lawyer in Cairns Today
Get advice from a will dispute lawyer first to ensure your eligibility and how to best make your claim. Find out more about contesting a will by speaking to one of the experienced estate lawyers at WGC Lawyers in Cairns in Townsville. Call us on 07 4046 1111 or contact us online.