Probate Lawyers Toowoomba

A Will can be contested or challenged, based on a number of factors and if it is completed within a set time frame (further details are provided below).

According to the law, legal grounds for challenging a will include:

• Family members or dependents who should have been adequately provided for
• The maker of the Will not having mental capacity at the time of making the Will
• There is suspicion of undue influence at the time of signing the Will
• The claimant believes they’re entitled to more from the deceased’s estate than that which they received

This varies from state to state. In Queensland, an executor of an estate may distribute the assets of the estate 6 months from the date of death of the deceased. To contest a Will you have 9 months from the date of death. However, that is 6 months from the date of death to notify the executor of a claim and another 3 months in which to lodge the claim in court. If notice isn’t given within 6 months you might still be able to claim, but should get legal advice as soon as possible.

To contest a Will in Queensland, applications may be made by an eligible person including:

• A spouse of the deceased (including defactos)
• A child of the deceased (including step children or adopted children)
• A dependent of the deceased

To contest or challenge a Will the cost can vary greatly depending on a range of factors and circumstances and the complexity of the case. It is best to discuss this with the estate lawyer before you choose to proceed with contesting a Will.