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.
Aitken Whyte Lawyers are your experienced Brisbane solicitors for contesting a Will, challenging a Will and Family Provision Claims. (Also known as applications for better and further provision out of an estate.)
Our wills and estate lawyers provide expert legal advice, practical advice and comprehensive support to clients. Helping them manage issues related to estate law, estate disputes, estate litigation, and other estate matters.
A Family Provision Application to challenge 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. In other words, 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. Our estate lawyers provide expert legal guidance throughout court proceedings to help you understand your legal rights, legal responsibilities and the legal requirements in relation to estate litigation. We also provide advice regarding intestacy laws, undue influence and other legal complexities that may affect your claim.
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 serve as 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.
The Court may also consider the position of other family members, the value of the estate assets, and any competing family disputes relating to the estate.
You could lose your rights to challenge a Will quite easily and quickly, so early legal advice is strongly recommended.
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 court proceedings within 9 months of their death. You could lose your rights to challenge a Will quite easily and quickly, so early expert advice and professional support from our legal team is strongly recommended. Our will dispute lawyers Brisbane team understand the importance of acting promptly on behalf of clients to avoid unnecessary legal costs.
Whether your application to dispute a Will will be successful or not depends on a number of factors, including but not limited to:
The Court may also consider your unique circumstances. As well as other factors, such as whether you have enough money for your proper maintenance and support, and any other relevant estate matters affecting the application.
If your Family Provision Claim is not resolved through mediation, a court will determine the outcome following a hearing.
If your Family Provision Claim is not resolved through mediation, a Court will determine the outcome following a hearing. Our estate law firm regularly assists clients in resolving conflicts arising from litigation disputes and other estate disputes. Their aim is to achieve a fair outcome wherever possible.
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.
Our experienced team of wills and estates lawyers provides personalised advice and expert support for a wide range of legal matters. This includes:
We understand that everyone has unique circumstances and are committed to providing expert guidance to help protect your family’s future.
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.
Should you require further information, our legal professionals can provide expert legal advice. They will also explain how they will make the process easier while assisting with your legal matter.
Additionally, our team can provide advice on QLD wills, probate lawyers, estate administration, estate assets, tax liabilities, and situations in which a person may lose capacity. In short, they will ensure your estate law affairs remain legally sound.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
