Will Dispute Lawyers Brisbane

Our Brisbane Will Dispute Lawyers Possess Deep Understanding of Wills & Estates Laws

Our Will dispute lawyers in Brisbane possess a deep understanding of the laws surrounding wills and estates in Queensland. ROC Legal has a deep-seated commitment to stay up-to-date with any changes or amendments to the legislation, ensuring that our clients receive the most accurate and relevant advice.

ROC Legal offers a free, no-obligation consultation in all Will dispute matters.  Call the team of Brisbane Will dispute lawyers in today!

How to Contest a Will in Brisbane, Queensland

First and foremost, individuals contesting a will in Queensland should obtain a copy of the will in question. This is essential as it allows them to thoroughly review the document and gain a clear understanding of its contents, including the distribution of assets and the nominated beneficiaries. In some cases, obtaining a copy of the will may also reveal potential inconsistencies or irregularities that could form the basis for contesting its validity. For example, if there are suspicions regarding the deceased’s testamentary capacity at the time of making the will, a thorough review of the document may reveal any discrepancies that could support the contestation.

Furthermore, seeking legal advice from an experienced Will dispute law firm, like ROC Legal is crucial when contesting a will. ROC Legal can provide invaluable guidance through the entire process, from evaluating the grounds for contestation to representing the individual’s interests in court if necessary. For instance, if there are concerns about the execution of the will or the presence of undue influence, ROC Legal can offer strategic advice on the best course of action and the steps required to contest the will effectively.

Who Can Contest a Will in Brisbane, Queensland

Contesting a will requires a thorough understanding of the legal framework governing will disputes in Queensland. ROC Legal, Brisbane Will dispute lawyers are familiar with the intricate provisions of the Succession Act 1981 and can guide clients through the steps necessary to challenge a will.

Not everyone can contest a will in Queensland. The Succession Act 1981 outlines specific eligibility criteria that determine who has the standing to challenge the validity or distribution of a deceased person’s will. These criteria are designed to ensure that only those with a legitimate interest in the estate are able to contest the will.

The categories of eligible persons include:

• Spouse or de facto partner: A spouse or de facto partner of the deceased person is eligible to contest the will. This includes both current and former spouses or de facto partners.
• Child: Any child of the deceased person, including biological, adopted, and stepchildren, can contest the will. It is important to note that this includes both minor and adult children.
• Dependent: Individuals who were dependent on the deceased person at the time of their death may also have the right to contest the will. This can include financial dependents, such as a child or disabled relative, as well as individuals who were emotionally dependent on the deceased.
• Previous spouse or de facto partner: If the deceased person had a previous spouse or de facto partner, they may also be eligible to contest the will, particularly if they were still financially or emotionally dependent on the deceased at the time of their death.
• Creditors: Creditors of the deceased person, such as individuals or organisations to whom the deceased owed money, may have the right to contest the will in order to recover their debts.

Anyone who was promised a gift or benefit in a previous will: If an individual was promised a gift or benefit in a previous version of the deceased person’s will, but was subsequently excluded from the final version, they may be able to contest the will in order to claim what was promised to them.

It is important to note that meeting the eligibility criteria does not guarantee success in contesting a will.

If you believe you may be eligible to contest a will in Queensland, it is advisable to seek the guidance of will dispute lawyers in Brisbane. Our lawyers in estate litigation can provide you with expert advice on your rights and options.

Time Limits in Challenging a Will

It is crucial to be aware of the time limits involved in challenging a will in Queensland. Generally, a person has six months from the date of the deceased person’s death to contest a will.

However, there are circumstances where the court may grant an extension to the time limit.