It can be incredibly upsetting to hear that you were left out of a will or that you were not awarded what you thought you deserved. However, we understand that the prospect of going to court might be intimidating.
Before you proceed, you must first determine if it is worthwhile to dispute or challenge a will.
Will Dispute Lawyers
If you want to challenge a Will in Queensland, you must notify the Executor of the estate in writing as soon as possible. You should also obtain a copy of the deceased’s death certificate as well as his or her last will and testament.
It’s also crucial to get a list of the assets and liabilities in the deceased person’s estate.
Your application must be filed with the court within 9 months of the dead person’s death. FamilyProvision Applications can be heard in both the District Court and the Supreme Court. Our will dispute lawyers will evaluate your claim and advise you on which court to file your application in.
It is likely that your claim will be sent to mediation once your Application has been submitted. Mediation is, at its core, a kind of organized negotiation. The mediation will be conducted by an objective and neutral third party, typically a barrister with experience in contested will disputes. The mediation should be attended and participated in by all parties and their legal representatives.
Many Family Provision Applications, in our experience, are settled through mediation negotiations. If mediation fails, our skilled will conflict lawyers will take your case to a final hearing if necessary.
What are some of the reasons you would want to seek justice in a wills and estates matter?
- In circumstances of undue influence, to pursue what is just.
- It’s usually about getting closure, especially if the person who wrote the will owed someone a “moral responsibility” of care that was not met.
- If you or someone you care about has been left out of a will in an unjust manner.
It’s sometimes about reclaiming someone’s rightful place in the family tree after they’ve been separated, forgotten, or overlooked via no fault or intention of their own, such as through power of attorney breaches.
Speak with our knowledgeable Will Dispute Lawyers for clarity and assurance.
Likelihood of success of your application contesting a Will
Whether you are successful in applying for a Will depends on several variables, among them are:
- The size and nature of the estate; your financial status.
- Your health (the ability to earn income).
- your family status; any contributions to the development of the property of the deceased.
- Any competing claims number and quality.
- conduct on your behalf without disentitlement.
Our Will Dispute Lawyers provide experienced legal advice on your chances of victory, as well as assistance in preparing all essential documents to support your Family Provision Claim, overseeing the mediation process, and preparing for and attending trial if necessary.