In Queensland, contesting a will can be a challenging process.
The outcomes differ based on various factors, leading many to question the likelihood of a successful contest.
Let’s explore the statistics and aspects influencing these rates.
What is the Success Rate of Contesting a Will in Qld?
The University of Queensland, Queensland University of Technology, and Victoria University performed the latest official research on Australian dispute claim success rates in 2015.
The success rate of contesting a will in Queensland is 77%.
This means that out of 100 cases that are challenged, 77 of them are successful. This is higher than the national average of 74%.
A successful lawsuit usually results in a probate court order cancelling or changing the asset distribution.
However, a failed will contest may leave the claimant without compensation or benefits from the deceased’s inheritance.
Both cases may compensate for legal bills, helping those who cannot afford legal counsel and court expenditures.
This allows them to seek their inheritance rights without financial constraints.
Also read: How To Stop Someone Contesting A Will In Australia
What Are the Chances of Contesting a Will and Winning?
The chances of contesting a will and winning in Queensland are relatively high. However, the likelihood of successfully contesting a will varies depending on several factors:
However, it is essential to note that the success rate of a will contest can vary depending on the case’s specific circumstances.
Some factors that can affect the success rate include:
- Validity of the Claim: A contestant must have a valid legal basis. Common reasons include undue influence, lack of testamentary capacity, or the existence of a later will.
- Evidence: Strong supporting evidence to contest a will is crucial. This could be witness testimonies, documents, or expert opinions that challenge the will’s authenticity or the testator’s mental state.
- Relationship to the Deceased: Typically, close relatives like spouses, children, or dependents have a higher chance compared to distant relatives or unrelated parties.
- Jurisdiction: Legal standards and processes differ by region, affecting the contest’s outcome.
- Mediation and Settlement: Many will dispute cases get resolved outside of court through settlements or mediation, which may influence the perceived ‘win’ rate.
While these factors play a role, every case is unique. Consultation with an attorney specialising in probate or estate law is recommended for a personalised assessment.
Is It Worth Contesting A Will In Qld?
Contesting a will in Queensland (QLD), Australia, is a significant decision that should be carefully considered. Whether it’s “worth it” depends on various factors:
Grounds for Contest
If you have doubts about a will, there are grounds to contest it. You might believe that the document in question isn’t the most recent will left by the deceased.
Additionally, concerns may arise if there’s a suspicion that the will was executed when the deceased was under undue influence or lacked the required mental capacity.
Furthermore, if you feel that the will didn’t adequately provide for you, this could be a valid reason to challenge it.
Eligibility
Only certain people can contest a will in Queensland. Eligible persons generally include the deceased’s spouse, child, or dependent. The Succession Act 1981 (QLD) defines eligible persons in detail.
Moral Duty
The court will consider whether the deceased had a moral duty to provide more for the claimant and, if so, to what extent. The estate size, the claimant’s needs, and other beneficiaries’ needs are considered.
Time Limits
In QLD, you typically have nine months from the will-maker’s death to contest a will. However, the executor can distribute the estate after six months, so it’s crucial to act promptly or notify the executor of your intentions.
Legal Costs
While many lawyers in Queensland offer “no win, no fee” arrangements for will disputes, it’s essential to understand potential costs. You might have to pay the other side’s legal fees if you lose.
Emotional Costs
Contesting a will can be emotionally taxing, as it might lead to familial disputes and potentially prolong the grieving process.
Potential Outcomes
Sometimes, the matter can be settled through mediation without going to trial. Other times, a court trial is inevitable. It’s essential to weigh the potential benefits against the legal process’s time, effort, and emotional toll.
Given these considerations, consulting with our solicitors experienced in QLD succession law is essential to understand your chances and potential challenges clearly. They can provide tailored advice based on your specific circumstances.
Success Rate of Contesting a Will in Qld Clarified to a Client
At Walker Pender, a client recently approached us with concerns about her late father’s will. She suspected he was under duress when drafting it and contemplated contesting the document.
Our expertise clarified the intricacies of succession law and the success rate of contesting wills in Qld.
Leveraging our vast experience, we offered insights into her situation, helping her gauge her chances and guiding her through potential next steps.
With Walker Pender’s support, our client felt more informed and empowered to decide on her father’s estate.
Questioning the validity of a loved one’s will in QLD?
Need help navigating the complex waters of succession law. At Walker Pender, our track record speaks volumes.
Discover the difference expertise makes in understanding the success rate of contesting wills. Stand on the right side of statistics.
Choose Walker Pender. Let us guide you to success.
