There are several legal grounds for contesting a will in Queensland. These grounds can be broadly categorised into two main types: validity challenges and family provision claims.
Validity Challenges
Validity challenges the question of whether the will itself is valid and enforceable. Common grounds for validity challenges include:
- Lack of testamentary capacity: The deceased did not have the mental capacity to make a will when it was signed. This means they did not understand the nature and effect of their actions, or they could not make rational decisions about their estate.
- Undue influence: The deceased was pressured or coerced into making a will that did not reflect their true intentions. This could involve threats, manipulation, or exploitation.
- Fraud: The will was forged or tampered with to benefit a particular person or group.
- Formal defects: The will was not signed or witnessed correctly or did not comply with other legal requirements.
Family Provision Claims
Eligible people who feel they have not received enough support from the deceased’s estate file family provision claims. Eligible persons include:
- Spouses
- Children (including adopted children and stepchildren)
- Grandchildren (if their parent are deceased)
- Dependents of the deceased
- De Facto
How Does the Court Determine the Outcome of a Contested Will?
When a will is contested in Queensland, Australia, the court follows a specific legal process to determine the outcome. This process involves examining the evidence presented, considering the legal arguments, and applying relevant laws and precedents.
Here’s a general overview of how the court determines the outcome of a will contest in Queensland:
- Assessment of Legal Grounds: The court first assesses whether the person contesting the will (the plaintiff) has valid legal grounds for their claim. These grounds could include lack of testamentary capacity, undue influence, improper execution, lack of knowledge and approval, fraud, or a claim for adequate provision under family provision laws.
- Evaluation of Evidence: The court carefully evaluates all the evidence presented. This evidence can include witness testimony, medical records (in cases of testamentary capacity), documents related to the execution of the will, and any other relevant material that supports or disputes the claim.
- Consideration of Testator’s Intentions: The court tries to ascertain the testator’s true intentions (the person who made the will). This involves examining the contents of the will, any previous wills, and other relevant documents or statements made by the testator.
- Application of Family Provision Laws: If the contest involves a claim for inadequate provision under the family provision laws, the court considers factors such as the relationship between the plaintiff and the deceased, the financial needs and circumstances of the plaintiff, the size of the estate, and any contributions made by the plaintiff to the estate or welfare of the deceased.
- Fairness and Equity: The court also considers principles of fairness and equity. This is particularly relevant in family provision claims, where the court seeks to balance the interests of the plaintiff with those of other beneficiaries and the overall intentions of the testator.
- Legal precedents and statutory guidelines: Besides previous court rulings in comparable cases, laws like the Succession Act 1981 (QLD) provide statutory guidelines that influence decisions.
- Final Judgment: The court will decide based on evaluating all these factors. This could result in the will being upheld, amended, or invalidated. The court may order additional provisions for the plaintiff in family provision claims.
- Costs and Consequences: The court also decides on the matter of legal costs and any other consequences that arise from its decision.
Each case is unique, and the specific circumstances surrounding the will and the success of the contestation play a significant role in the court’s decision. Talking to an expert will lawyer is highly recommended in these matters due to the complexity of the law and the need for professional advocacy and advice.
Legal Victory in Will Contestation
Our client approached Walker Pender Group with concerns that her father lacked mental capacity when signing a will presented by her brother. This will unfairly allocate 70% of their father’s assets to her brother, leaving her with a minimal inheritance.
Our legal team gathered evidence, including medical records indicating her father’s diminished mental capacity at the time of signing the will. We also sourced witness testimonies from individuals who observed unusual behavior and potential undue influence from her brother.
In court, we effectively presented this compelling evidence. After reviewing the medical reports and witness statements, the judge agreed that the father lacked the mental capacity to understand the implications of the will at the time of signing.
Consequently, the court declared the will invalid. This decision underscored the importance of mental capacity in the validity of wills and ensured a fairer distribution of the estate in line with our client’s rights.
Our thorough approach and diligent evidence-gathering were instrumental in this significant legal victory.
Grounds for Contesting a Will in Queensland
Facing uncertainty about a will in Queensland? At Walker Pender, we specialise in navigating the complexities of estate law. If you suspect a will is unfair or invalid, our expert team guides you through the grounds for contesting a will in Queensland.
We provide personalised support and robust legal strategies to protect your rights. Don’t navigate this challenging time alone. Contact Walker Pender today, and let us help you secure the justice you deserve.
