Aitken Whyte Lawyers are your Brisbane solicitors for contesting a Will, challenging a Will and Family Provision Claims also known as applications for “further and better provision” out of an estate.
A Family Provision Application to chanllenge a will can be brought before the District or Supreme Court if you feel that adequate provision has not been made for your proper maintenance and support from the deceased’s estate, under a Will or upon intestacy, that is, you believe that you should have been left more. You may be able to make a claim under the Succession Act to the Court to dispute a Will in certain circumstances.
The following categories of people are able to contest a will in Queensland:
Applicants who are the Executors may also apply (if there is no co-executor, an independent succession specialist may be appointed to carry out the role of the respondent). Generally, a person making an application to dispute a Will must establish a “need”, i.e. must satisfy the Court that adequate provision has not been made for them. If there is a “need”, then the Court will consider whether any Order will be made to satisfy the “need” and if so, in what amount.
You must give notice of the intended application disputing a Will to the Executors within 6 months of the date of a person’s death, and must commence proceedings within 9 months of their death. You could lose your rights to challenge a Will quite easily and quickly so early legal advice is strongly recommended.
Whether your application to dispute a Will, will be successful or not depends on a number of factors, including but not limited to:
If your Family Provision Claim is not resolved through mediation, a court will determine the outcome following a hearing.
Aitken Whyte Lawyers offer quality legal advice as to your chances of success, as well as help to prepare all necessary documents to support your Family Provision Claim, oversee the mediation process and prepare and attend trial if required.
If you are eligible to challenge a Will, it is likely that Aitken Whyte Lawyers in Brisbane will be able to conduct your matter on a no win no fee basis.