Estate Battles

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How Do I Contest A Will?

Are you wondering right now how to contest a will? Are wondering if you have grounds to contest a will? In what circumstances can you contest a will? If you are located in Brisbane or Queensland, we can help you contest a will.

Are You a Beneficiary of a Will?

If you are the beneficiary of a will, but you feel as though your share is not enough, or if you are unsure about the other beneficiaries of a will, you may have a claim against the estate for a larger share. Only certain people have grounds to contest a will, including a spouse, a child, a grandchild or a dependent (in limited circumstances). If you are unsure if you have the grounds to contest a will, contact us to find out more.

Contesting A Will

Once you’ve decided that you are interested in contesting a will, there are certain steps that need to be taken. This is a complex area of the law and strict time limits apply. In order to contest a will, you will need legal representation.

What do I do next?

Ascertain the date of death

Obtain a copy of the will from the solicitor

Seek legal advice urgently – in Queensland, you only have six months from the date of death to dispute a will. Outside of this time frame, you will lose your opportunity to contest the will

A contested will is either settled out of court, or if this isn’t possible, will be decided by a judge in court

Who should I talk to?

You need to speak to a lawyer who is an expert in contested wills.

Our guarantee to you

There are 10,000 lawyers in Queensland. Only 43 are specialists in wills and estates, and Bryan Mitchell is one of them. We offer a free, 10-minute phone consultation and every case receives the benefit of Bryan’s expertise.

Don’t risk losing your share of the estate: get the best legal advice possible.

In What Circumstances Should You Contest a Will?

  • You have been left out of a will or are receiving less that you believe is fair
  • Assets have disappeared from the estate
  • The will doesn’t make sense
  • You suspect the will maker has been unduly influenced
  • You believe the will maker has lost mental capacity to make a will

How Long Do I Have To Contest The Will?

You must give notice to the executor that you intend to contest the will of the deceased. This notice should be in writing and must be given within six months of the date of death.

If you are lodging a family provision claim with the court, you must do so within nine months of the date of the deceased’s death.

Five Questions To Ask Your Lawyer

Are you accredited by the Law Society as a specialist in the area of wills and estates?

Do you have experience in handling contested wills?

Are you well-regarded by your peers (other lawyers) in this area of the law?

Do you have proven strategies to keep legal costs down?

Do you have a range of fee options, including no-win, no-fee?

 

How We Can Help You

Challenging A Will

Once you’ve decided that you are interested in challenging a will, there are certain steps that need to be taken. This is a complex area of the law and strict time limits apply. In order to challenge a will, you will need legal representation.

Executor Disputes

Executors of an estate have an obligation to engage in the due administration of the estate. Enormous obligations are cast upon an executor to gather in the estate, pay all testamentary debts and expenses and to distribute the estate in a correct and legal way.

Elder Abuse

Financial abuse is most commonly seen here at Estate Battles. It is the improper or illegal use of an older person’s funds, property or resources. We believe it’s important to protect seniors against exploitation and abuse.

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