Discovering that you’ve been left out of a loved one’s will can be an incredibly distressing experience. If you were expecting to inherit or believe you’ve been unfairly provided for, you may have legal options. In Queensland, there are specific ways to challenge a will, and understanding the process can help you determine your next steps.
Who Can Challenge a Will?
Under Queensland law, there are two primary ways to contest a will: challenging its validity or making a family provision claim.
- Challenging the Validity of a Will
A will can be contested if there are concerns about how it was made. Grounds for invalidity include:- Undue influence or pressure on the deceased.
- Lack of mental capacity at the time the will was made.
- Fraud or forgery.
- Failure to meet legal formalities, such as proper signing and witnessing.
- Making a Family Provision Claim
If you were financially dependent on the deceased or had a reasonable expectation of inheritance but were left out, you may be eligible to make a claim under the Succession Act 1981 (Qld). Eligible individuals include:- Spouses, including de facto and same-sex partners.
- Biological, step, or adopted children.
- Dependents who were financially supported by the deceased.
If you fall into one of these categories and believe the will does not provide adequate support, you may be entitled to a share of the estate.
Steps to Take If You Want to Contest a Will
If you’re considering contesting a will, it’s important to act quickly and strategically. Here’s what you should do:
- Seek Legal Advice Immediately
Time limits apply. In Queensland, you generally have six months from the date of death to notify the executor of your intention to claim and nine months to file a claim in court. A lawyer can help assess your case and guide you through the process. - Gather Evidence
Strong evidence is crucial for a successful claim. Useful documents include:- Financial records.
- Proof of dependency on the deceased.
- Communication, such as emails or letters, indicating the deceased’s intentions regarding inheritance.
- Consider Mediation and Negotiation
Many disputes are settled out of court through negotiation or mediation. Executors and beneficiaries often prefer reaching an agreement rather than going through a lengthy legal battle. - Prepare for Court If Necessary
If mediation fails, the dispute may go before the Supreme Court of Queensland. The court will consider factors such as:- Your financial needs.
- Your relationship with the deceased.
- The size and structure of the estate.
Important Considerations Before Contesting a Will
Before deciding to take legal action, consider the following:
- Legal Costs – If you win, costs may be covered by the estate. However, if you lose, you may have to pay your own legal fees.
- Family Conflict – Will disputes can strain family relationships. Mediation may be a way to resolve issues amicably.
- Size of the Estate – If the estate is small, legal action may not be financially worthwhile.
How Ryder Lawyers Can Help
At Ryder Lawyers, we understand that being left out of a will can be emotionally and financially challenging. Our experienced family and estate lawyers can help you understand your rights, assess your options, and guide you through the legal process.
If you’re in this situation, don’t navigate it alone. Contact Ryder Lawyers today for expert legal advice tailored to your circumstances.
