Contesting Wills and Will Disputes

Contesting Wills & Will Disputes
Aitken Whyte Lawyers Gold Coast

Will and Estate Dispute Lawyers And Solicitors Southport, Gold Coast, Qld

Will Disputes – Wills and Estates – Challenging a Will

If you are an executor of an estate, already involved in an estate dispute, or would like to contest a will, our estate litigation lawyers on the Gold Coast can provide advice and representation to inform you of your rights and assist you along the way.

We have experience in various estate disputes and have previously dealt with clients on all ends. Executors of wills have certain executor duties and if you are an executor, we can advise you as to your obligations, or if, even as an executor, you can apply to contest a will.

If you are not a beneficiary of a will or even if you are but feel that you have not received an adequate amount, you may be able to dispute a will. Whether you have grounds for contesting a will depends on whether you fall within one of the categories of people who can contest a will.

In Queensland, you are able to contest a will if you are in one of the following categories of people:

  • Spouse; de-facto spouse;
  • Ex-spouse (even if they are previously the recipient of a settlement during a divorce);
  • Children of any age (this includes stepchildren);
  • Dependents;

If you do fall into one of these categories and are interested in challenging a will, you should ensure that you give notice of your intention to apply to dispute the will within 6 months of the date of a person’s death, and commence proceeding within 9 months of the death. There are certain requirements under law and if they are not complied with, you may lose your right to challenge. Legal representation and advice can assist in making sure you remain eligible and do not affect the validity of your claim.

Even if you are a person able to contest a will under Queensland law, the success of your claim will depend on a number of factors, such as:

  • The nature and size of the estate;
  • Your financial position;
  • Your health and your family’s health (if they affect your ability to earn an income);
  • Your family situation;
  • Any contributions to the deceased person’s estate;
  • Information about any competing claims;
  • Any conduct of yours that may disentitle you to your claim.

Depending on the success of your matter, we can assist with all stages of an application for a Family Provision claim including mediation and a court hearing. We can advise as to your chances of success and take steps necessary to represent your interests in the dispute, including preparing necessary documents, attending mediations and preparing for and attending trial.

Office Location and Contact Details

Gold Coast
Aitken Whyte Lawyers
Level 6, 9 Lawson St, Southport
Ph: +617 5596 9099