Our team at Walker Pender understands that being left out of a will or receiving an unfair share can be emotionally challenging and legally complex.
That’s why we support individuals who believe they’ve been unfairly treated in a deceased person’s will. Our team is well-versed in the intricacies of the Succession Act, which outlines who may be eligible to make a family provisions application. This includes spouses, children, and certain dependents – a category we can help you navigate to determine your eligibility.
Recognising the sensitive nature of these situations, our approach is empathetic and strategic. We guide you through contesting a will, always mindful of the limited timeframe for action. It’s crucial to act within nine months from the deceased individual’s death date, and our team ensures your case is addressed promptly and efficiently. At Walker Pender, we combine legal expertise with a deep understanding of our client’s needs, ensuring you receive the representation and outcome you deserve.
Wills and Estates
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Will Dispute Services
Providing expert legal advice on the validity of the will, interpretation of its clauses, and the rights of beneficiaries under QLD law. We also offer insights into the complexities of estate law, helping clients understand the legal framework and implications of their specific situation. Our consultation aims to clarify legal standings, rights, and obligations, guiding clients through the often-complex legal landscape surrounding wills and estates.
Offering mediation services to resolve disputes among beneficiaries or between beneficiaries and executors, aiming for an amicable settlement without court intervention. Our approach focuses on open communication and negotiation, helping parties find a mutually acceptable resolution. We emphasize preserving relationships where possible and aim to reach an agreement that respects the wishes of the deceased while addressing the concerns of all parties involved.
If disputes cannot be settled amicably, we provide representation in QLD courts for challenges against the will’s validity, interpretation, or execution. Our legal team is well-versed in court procedures and will advocate tirelessly on your behalf, presenting a well-prepared case to protect your interests. We combine rigorous legal analysis with compassionate client care to navigate these often emotionally charged proceedings.
Helping eligible individuals, such as spouses or children who have been inadequately provided for, to make family provision claims under QLD’s Succession Act. We guide clients through the entire process, from assessing eligibility to filing a claim and representing their interests in negotiations or court proceedings. Our goal is to ensure that clients receive a fair and just provision from the estate, in line with their legal entitlements.
Assisting in resolving conflicts involving executors or trustees, including issues of mismanagement or breach of fiduciary duties. Our expertise extends to offering strategic advice on legal remedies and representing clients in legal actions to address mismanagement or enforce fiduciary responsibilities. We work diligently to ensure that the administration of the estate is conducted fairly and in accordance with the law.
Offering expertise in challenging or defending a will on the grounds of the testator’s lack of testamentary capacity or the presence of undue influence at the time of the will’s creation. We provide comprehensive evaluations of the circumstances surrounding the will’s formulation, drawing on medical opinions, witness statements, and other relevant evidence. Our skilled legal team is adept at building strong cases to uphold the validity of the will or to challenge it when undue influence or incapacity is suspected.
How to Dispute a Will
Determining Eligibility
Assess whether you meet the criteria to contest the will, which typically includes being a spouse, child, or a dependent of the deceased. Our team can help you understand the complexities of your relationship to the deceased and how it impacts your eligibility, providing clear guidance on your legal standing in the matter.
Filing a Legal Claim
Initiate a legal claim within nine months from the date of death of the deceased. This timeframe is crucial and is referred to as the “limitation period”. Our experts can assist in ensuring that your claim is filed correctly and within this critical period, avoiding any potential procedural delays or dismissals due to timing issues.
Court Proceedings
The case goes through the court system where evidence is presented, and hearings are conducted. The court then makes a decision based on the merits of the case. Throughout these proceedings, our experienced legal team will provide comprehensive representation, ensuring that your case is presented effectively and your interests are vigorously defended.
Recent Reviews
What Our Will Dispute Lawyers Say About the Court Process
Contesting a will in QLD typically involves several stages. You may need the assistance of a Will Dispute Lawyer to assist you with this. Initially, you must file a family provision application with the Supreme Court of Queensland.
The court will then review the application and consider the circumstances of the case. All parties involved may be required to present evidence and attend hearings during the court proceedings. The court will assess the claim’s merits and decide based on the case’s circumstances. It is important to note that the court has broad discretion when determining family provision applications, and outcomes can vary.
Considerations for the Court
The court considers a range of factors when determining a contested Will. Some factors include, but are not limited to:
- The financial position of the beneficiaries and claimants;
- The nature and extent of the claimant’s relationship with the Deceased;
- Did the claimant provide any support to the Deceased during their lifetime;
- Were any promises or statements made by the Deceased to the claimant about receiving a share in their estate;
- The standard of living that the claimant is familiar with;
- Any contributions the claimant made to the size of the estate; and
- Any other matter considered relevant by the court.
