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There are a number of reasons why you may wish to contest or challenge a will:

  • You may feel that the deceased’s wishes were not truly reflected in their last will for some reason of incapacity or undue influence;
  • You may wish to clarify a point in the will that was not clear or has become unclear due to changing circumstances of the deceased prior to their death; or
  • You may feel that you have not been left adequate provision to which you are entitled.

Objectives

Each of these issues requires a different approach. The first involves challenging the validity of the Will and challenging a grant of representation. Grants of representation are discussed further on our probate and letters of administration page. The second issue involves making an application to the court to clarify the construction of the will. The final issue involves making an application through what is commonly known as a family provision claim.

It is important that, should you wish to contest an aspect of the will, you do not delay as strict time limits apply.

Call us on (07) 3548 5868 today for a complimentary chat with one of our experienced estate lawyers.

Family Provision Claims

The death of a loved one is always a difficult time. Our estate lawyers offer friendly, sincere advice on your options. We can advise you on whether you are eligible to contest an aspect of the will, and what factors the court will take into consideration when making a decision.

In Queensland, if you are the spouse, child or dependant of the deceased and you would suffer hardship from the assets of the estate being administered according to the will, you can make an application to the Court for provision from the estate.

Contesting a will can be an expensive and time-consuming task but we recognise that it is also often an important and necessary one. We are here to guide you through the process to the best possible outcome.