Will Dispute Lawyers Brisbane
Experienced Will Dispute Lawyers Brisbane
If you have been unfairly left out of a will or believe you have not received adequate provision, our will dispute lawyers in Brisbane will help you challenge the will to ensure you receive fair provision.
We will help you dispute the will and get the distribution of estate assets that you deserve. We know that losing a loved one is a difficult time, and the legal responsibility of settling the wills and estates after the deceased person's death can be complicated and overwhelming.
Fortunately, our team is here to ease the burden.
We offer a range of estate litigation services, including wills and estate services, estate planning, contesting or challenging a will, and real estate transactions in
deceased estates.
The Leading Will Dispute
Lawyers In Brisbane
If you are a qualified beneficiary, you may contest a will in Brisbane if you have been excluded from it, received insufficient provisions, or fear that the will is invalid.
A deceased person may have a moral obligation to provide for their beneficiaries, but they do not always have a legal obligation to do so. In principle, a person has the right in their will to divide their assets how they see proper, subject to certain legal constraints.
The process of contesting a will (QLD) usually starts when the court accepts the legal document known as a Grant of Probate. This is the process by which the court certifies the will’s validity and
appoints an executor to manage the estate.
After obtaining the Grant of Probate, eligible beneficiaries may challenge the will through different legal routes, such as questioning its validity or claiming inadequate provision.
Some of the reasons for disputing a will include the following;
- Undue influence
- Executor fraud or forgery
- Suspicious circumstances
- Deceased mental incapability to make the will
Contesting wills can be challenging and complex. Fortunately, our will dispute lawyers in Brisbane can help you handle the process.
Reasons To Choose Our Will Dispute Lawyer In Brisbane
Our Brisbane will dispute lawyers will equip you and help you gain control of an unfair situation. We have the experience and knowledge to represent you and promise you are in safe hands. Our team values its clients, and we will establish a foundation in their best interests.
Our will challenge lawyers will take the time to explain your options and what we can do to win your case. Most people are concerned with what might be the outcome and whether contesting a will is worthwhile. We will provide you with the necessary information to make an informed decision.
Contesting a Will QLD - FAQs
What does disputing a will mean?
Disputing a will, also known as contesting a will, involves legally challenging the validity or terms of a deceased person's will.
Challenging a will can occur for various reasons. You may feel that you have been inadequately provided for, have doubts about the deceased person’s mental capacity when the will was drafted, suspect undue influence, or feel that the will-maker lacked testamentary capacity.
If you believe you have been inadequately provided for in the will, seek early legal advice from our will challenge lawyers. Our experienced estate lawyers will guide you through this stressful process, ensuring your rights are protected and that any estate disputes are resolved fairly and efficiently.
How to challenge a will in Queensland?
To contest a deceased person’s will in Queensland, you must be an eligible person within the deceased’s estate. Eligible persons include:
- The deceased’s spouse or de facto partners
- The deceased’s children, step-children, or dependents
- A person who substantially supported the deceased person throughout their lifetime
If you are an eligible person, it is important to act quickly, as strict time limits apply when contesting wills. Our experienced will dispute lawyers are here to help you understand your rights and build a strong case.
How long do I have to dispute a will in Queensland?
In Queensland, you have up to nine months from the date of death to file a claim for contesting a will. However, it is crucial to provide notice of your intention to contest within six months of the deceased's date of death. If no notice is given within this six-month period, the executor(s) have the right to distribute the estate.
For professional assistance with will disputes, contact our contested wills and probate lawyers today.
How can our contested wills & probate lawyers help you contest a will Brisbane?
Navigating the complexities of will disputes can be a daunting and emotional process, but our experienced will dispute lawyers in Brisbane are here to guide you every step of the way.
Our estate lawyers at Probate Queensland specialise in providing professional advice tailored to your circumstances. Whether you're questioning the validity of a will, feel you've been unfairly left out, or have concerns about how an estate is being managed, our dedicated team works tirelessly to ensure your rights are protected and your voice is heard.
Get in touch with our contested will lawyers today, and we will help you find the best course of action in your will dispute matters.
What is a family provision application?
Under the Succession Act 1981 (QLD), a family provision application is a legal process where family members or beneficiaries apply to challenge a deceased estate because they have been left out or believe they have not been adequately provided for.
In Queensland, this can include spouses, children, and financial dependents. The court reviews the applicant's relationship with the deceased, their financial needs, and the overall assets of the deceased estate to determine if further provision should be made.
To avoid the complexity of submitting family provision claims, our estate litigation lawyers will help you understand your rights and improve your chances of submitting a successful application.
What does a court consider when reviewing a family provision claim?
When reviewing a family provision claim, the court considers several key factors to ensure a fair and just outcome. Primarily, the court evaluates the financial needs and resources of the claimant, the nature and quality of the relationship between the deceased and the claimant, and the obligations or responsibilities the deceased had towards the claimant.
Additionally, the court examines the size and nature of the estate, any contributions the claimant made to the estate or the deceased's welfare, and the competing claims of other potential beneficiaries.
Why should we trust Queensland Probate to handle our will disputes?
Queensland Probate boasts a team of experienced wills and estates experts who can help you take action if you need to dispute a deceased person’s will. QLD Probate is a legal practice owned by Aejis Legal, a law firm established in 2007. Our legal team comprises four solicitors and Three paralegals with over 65 years of combined experience.
When it comes to estate litigation, you can rest assured that you will receive help from a qualified and experienced team. We value our clients and are empathetic to their situations. For this reason, we are available to answer your questions at any time and offer a free 20 minute initial consultation to better understand your situation and how we can help you solve it.
Please speak to our will dispute lawyers in Brisbane today
since time is of the essence when contesting a will.