Brisbane Will Dispute Solicitors - QLD Contested Probate
Our Brisbane Will Dispute Solicitors can help you challenge an unfair Will. If you are a family member, spouse, ex-spouse, de-facto partner, same-sex partner, child, grandchild, or other person who was financially dependent on the deceased, then you may be able to challenge the deceased’s will. If you have been left out of a will, or believe that the will-maker was coerced into changing their Will, you should also seek legal advice.
Brisbane Will Dispute Solicitors are specialists in Inheritance Disputes and Estate Litigation. Our solicitors act on behalf of those contesting a will, as well as on behalf of executors who need legal representation when a claim is made against the estate.
To receive obligation-free legal advice on how to enforce your rights, just call our free helpline or complete the on-line contact form or email our solicitors offices and a member of our legal team will be in touch with you as soon as possible.
Family members or dependants who have been left out of a will or inadequately provided for can bring a lawsuit (Family Provision Application) for estate allocation to them. A Family Provision Application can be brought before the District or Supreme Court.
Whether your application will be successful or not depends on a number of factors, including:
Examples of family provision claims include:- children who have been excluded from their parent’s will due to their parent ‘disowning’ them; children from previous marriages who have not been provided for by their parents.
The problem of undue influence arises when somebody essentially takes advantage of a person's reduced physical or mental state, or dependency and influences them to take action (such as re-writing their will), which they otherwise would not have done.
So for example, a child may threaten or emotionally blackmail a frail and dependent parent into leaving their entire estate to that child, to the exclusion of their siblings, when in fact the parent would have otherwise allocated their estate to all children in equal shares.
If undue influence can be proven, the Will is declared invalid. Direct evidence of undue influence is often difficult to obtain, however the court will consider all relevant circumstantial evidence. The court has the power to re-allocate the estate if there is a finding of undue influence.
Are you concerned that the will-maker was coerced or forced into changing their will? Call our solicitors today to discuss what legal rights you may have, and whether you can take legal action.
Lack of Testamentary Capacity
When a person is making their will, they must be of sound mind, memory and understanding. They must have “testamentary capacity.” This means that they must understand the nature and effect of a will; the extent of their property; and the claims of beneficiaries. If a person does not have testamentary capacity, for example, due to an illness which severely affects their cognition, their Will can be declared invalid.
In cases where the will maker suffered from a medical condition such as a delusional disorder, expert medical evidence may assist in proving that they lacked testamentary capacity at the time they made their will. Evidence may also be obtained from lay witnesses, the Will maker’s general practitioner, and the solicitor who drafted the will.
If you suspect that the deceased lacked the necessary capacity or competence to make a will, you should seek legal advice. Contact our Brisbane solicitors today for free assistance.
Does the testator’s will seem suspicious? Fraud cases typically involve the testator’s will being altered without their knowledge or permission. Sometimes their signature is forged. Expert evidence is often required from a handwriting expert in order to support an allegation of a forgery.
If you can prove fraud, the will may be invalidated. If you think that your entitlements have been affected by a fraudulent will, then you should speak with a will dispute solicitor.
Our legal team is here to help with any questions that you may have regarding Will disputes, contested probate and inheritance claims. Our team does not deal with will drafting or straight probate applications, rather they are experts at handling Will contests, disputes and litigation. So if an issue of this nature is of concern to you, contact our free service.
For free assistance, send an email with as much information as possible, or call our helpline, or email our solicitors offices.
If you wish to challenge a will (or contest probate), speak with a lawyer as soon as possible. Our will dispute lawyers have many years’ experience in handling all types of inheritance disputes. They can advise you of the relevant time limits in your case.
In Queensland, you need to notify the Executor of the will, within six months of the death of the testator. Legal action must be commenced within nine months of the death of the testator, unless the court grants an extension.
Don’t delay in seeking legal advice. Delaying may result in you losing your rights completely. If you wish to dispute your inheritance, contact our legal team for free advice.
No Win No Fee Will Dispute Solicitors
Our Brisbane Will Dispute Solicitors will discuss with you in detail the legal costs involved in your matter at the beginning so that there are no misunderstandings. Most matters are handled on a No Win No Fee basis, and can be resolved through negotiation or mediation, without the need to go to court. Where alternative dispute resolution such as mediation fails, a court will determine the outcome following a hearing.
If you would like legal advice on how to contest a Will, call our helpline today, or complete the Contact Form.LAWYER HELPLINE: ☎ 1800 455 260
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