Contesting a Will – Will Dispute Lawyers

Contesting a Will – Will Dispute Lawyers

When contesting a will, it’s crucial to understand the legal process. Seek legal counsel to navigate this complex territory. Understanding your rights and options is essential before proceeding.

Walker Pender Lawyers
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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.

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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

Aaron SimsAaron Sims
04:24 18 Jan 24
My wife and I recently used Rhonda at Walker Pender Lawyers as our conveyancor, absolute professional. She was personable and has an amazing attention to detail, she was always available for any questions or issues that arose and addressed them.Highly recommend Rhonda and this firm.
21:38 10 Jan 24
Rhonda is amazing and very knowledgeable. She made purchasing our new property stress free.
Daniel ScrantonDaniel Scranton
05:09 10 Jan 24
Amazing! Highly recommend these solicitors. They were on top of all aspects of the house purchase and worked with us to make it as easy and smooth as possible. We are happy home buyers now 🙂
Noelene RuhlandNoelene Ruhland
01:31 09 Jan 24
Walker Pender Lawyers have been very efficient with conveyancing with my property recently sold, Rhonda especially explaining details very well. I highly recommend them
08:45 20 Dec 23
Adrian KaminskiAdrian Kaminski
04:53 12 Dec 23
I recently had the pleasure of working with Laurisa who is an exceptional solicitor. The expertise and guidance of the Walker Pender team were invaluable throughout my legal process. Their attention to detail, clear communication, and dedication made a potentially stressful situation much smoother. I highly recommend the services of Walker Pender for anyone in need of legal assistance.
Rosita GreenRosita Green
23:21 02 Dec 23
I am so glad to have used Walker Pender Lawyers to help me prepare my Will. Kevin Murray was extremely thorough and very professional at all stages of Will preparation. He clearly explained all legal terms as well as the implications of clauses in the will. The information was detailed and in lay terms. The staff were wonderful and helpful. Thank you for making the process easy and comfortable .
Madonna StottMadonna Stott
05:34 24 Nov 23
I cannot speak highly enough of Walker Pender. I recently dealt with Rhonda Jones who managed my conveyancing following a property settlement. She was incredibly efficient, ensuring we met all the deadlines, while providing compassion and understanding. The process went so smoothly thanks to Rhonda and the team. I had previously been to WPG for will and estate planning. My experience was so positive that I went back for conveyancing. I cannot fault them. Efficient, cost effective and personal.
Michaela ReeceMichaela Reece
10:29 20 Oct 23
I had the pleasure of working with Rhonda on two separate occasions, both rather life-changing situations. Her friendly, welcoming manner and her calm demeanor put me at ease every time. She easily and comfortably answered any and all questions I had.The other ladies that worked there too, were all lovely and approachable as well. Would definitely work with Pender Walker Ipswich again should the need arise.
11:08 28 Sep 23
I highly recommend Andrew Huntley at Walker Pender. Andrew took the time to explain everything to me, cared how I was feeling, and ensured that I’m well set up for the future with my Will, EPOA, and Binding Death Benefits. I’m in good hands with Andrew and Walker Pender.
Steve NadinSteve Nadin
10:21 25 Sep 23
Andrew Huntley was great to deal with for updating a Will and completing a Power of Attorney - a couple of documents everyone should have up to date. He was professional and friendly.
06:34 19 Sep 23
From booking the appointment and meeting Nicole to do our wills everything went smoothly.Everyone is friendly and welcomingThank you!
Kevin RacarbKevin Racarb
06:21 19 Sep 23
My wife and I recently required changes to our Wills.We could not have been more happier with service that we received from Nicole. She was professional with a wealth of knowledge that put our minds at ease.We will definately be using Nicole and Walker Pender again.
Tayla ReganTayla Regan
05:47 11 Sep 23
What a wonderful firm. The lawyers are dedicated, knowledgeable and will get you the best outcome possible.
Chinubhai ShahChinubhai Shah
14:12 10 Sep 23
Getting advice around contesting a will can be a daunting challenge. I feel so lucky that I met the team at Walker pender who could give me advice on the spot as to whether or not I had a good case. The wills and estates team led by Gerard and Toni is professional and empathetic. Thank you team!
Nitin SolankiNitin Solanki
11:11 04 Sep 23
They are not just skilled lawyers; they are also compassionate and genuinely care about their clients' well-being. I was involved in contesting a deceased estate, and I highly recommend Walker Pender Lawyers to anyone seeking legal representation.

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:

  1. The financial position of the beneficiaries and claimants;
  2. The nature and extent of the claimant’s relationship with the Deceased;
  3. Did the claimant provide any support to the Deceased during their lifetime;
  4. Were any promises or statements made by the Deceased to the claimant about receiving a share in their estate;
  5. The standard of living that the claimant is familiar with;
  6. Any contributions the claimant made to the size of the estate; and
  7. Any other matter considered relevant by the court.

Expert Will Contesting Assistance

Get professional guidance from Walker Pender to contest a will. Our experienced team will help you navigate the process, assess your case, and secure a fair resolution.

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