When it comes to wills and estates, disputes can arise, creating disagreements and uncertainty among family members and beneficiaries. Resolving these conflicts requires expertise and legal guidance. Talk to the team of Will Dispute Lawyers Brisbane at ROC Legal today!
Will Disputes in Brisbane
Will disputes, also known as contested wills or inheritance disputes, occur when disagreements arise regarding the validity, interpretation, or distribution of a deceased person’s will. These disputes can be emotionally charged and complex, often requiring the expertise of legal professionals to navigate through the intricacies of the law.
In Queensland, will disputes fall under the jurisdiction of the Succession Act 1981. This legislation provides a framework for resolving conflicts related to wills and estates, ensuring that the deceased’s final wishes are carried out in a fair and just manner.
When faced with a will dispute in Queensland, it is crucial to seek the guidance of experienced Brisbane Will dispute lawyers, ROC Legal. Our lawyers specialise in assisting clients who find themselves entangled in the complexities of these legal conflicts, offering comprehensive support and representation throughout the entire process.
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!
Fill in the form below to find out if you have a claim.
The Compensation Claim Process
- Get a Free Claim Check
We make it easy to get compensation. Simply complete a few details and you will know if you can claim compensation.
- We’ll Get to Work
Once we have approved your compensation claim, we’ll get to work getting your claim ready.
- We’ll Keep you in the Loop
At ROC Legal, we understand through many years of experience that this is your compensation claim. We will keep you advised at all times about the progress of your compensation claim.
- We Resolve Your Claim
At ROC Legal, we’re early resolution focused. We know that one of the most important things we can do to help you is to get the compensation you deserve as fast as we possibly can.
- You Get the Compensation
The final step is handling you a cheque for the compensation you deserve.
How to Contest a Will in 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 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.
Check if You Can Claim Compensation
At ROC Legal, we’ve been helping Queenslanders receive compensation and lump-sum payouts! Get our help today!
The ROC Legal Point of Difference
When you’re going through a potentially difficult time and working through a situation that has required compensation, we know that this can be tough. The last thing we want to do is further complicate your situation by not being prompt with responses, or not giving you the information you need.
When you contact us at ROC Legal, you will speak to a real person and will get confidential legal advice from people who care. And if you get in touch and leave us a message, we’ll get back to you on the same day.
Don’t spend any more time stressing or worrying about the outcome of your compensation case; get in touch. Our compensation lawyers can speak with you and offer individual legal services that aim to give you the best possible outcome.