Even though the law recognizes a person’s right to choose who will inherit their estate upon their death, there are often reasonable circumstances why a person would contest a Will.
If you have been left out of a Will, or not adequately provided for, you may have a claim against the estate of the deceased under the Succession Act 1981 (Qld).
Those people who are defined as eligible persons under the Act may make an application to the Court for a family provision order to adjust the interests that are created by a Will include:
- the deceased person’s spouse, including wife/husband/de facto partner
- a child, including any stepchild or adopted child of the deceased
- dependents who were wholly or substantially maintained or supported by the deceased
- a person who was at the time partly or wholly dependent on the deceased
If you have been left out of a Will or feel you have been left without adequate provision, an application can be made to the Supreme Court for further provision from the estate. The Court will take into account all the circumstances of your life, including financial need, the size of the estate and the relationship between you and the deceased.
Subject to leave of the Court you must commence proceedings within 12 months of the date of the deceased’s death.
Contested or disputed estates are a complex area of law. Whether you are an applicant seeking provision out of the estate, seeking to protect provision which has been made for you where the Will is being challenged, or an executor responding to a claim, our experienced estate litigation lawyers can provide you with the advice and representation you require.