Deceased Estate Administration
Probate Lawyers Toowoomba
At Ferrier & Co. we understand that dealing with a deceased estate is one of the more difficult challenges in life. From mountains of paperwork to legal jargon and simmering family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life.
Our probate lawyers are experienced in handling deceased estate administration and can guide you through the process, providing sound legal advice to ensure that everything is handled in an efficient and confidential manner.
Will Disputes Toowoomba
Contesting wills and defending estate claims can be a stressful and difficult process. If you feel you have been unfairly left out of a Will or wish to contest a Will, our Will dispute lawyers can assist you with contesting the estate.
Lawyers experienced in deceased estate administration
Providing sound legal advice to ensure that administration of the estate is handled in an efficient and confidental manner.
Will Disputes - Frequently Asked Questions
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.