Will Dispute Lawyers Brisbane
Wills, Contesting Wills and Challenging a Will
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.
Family Provision Claims – Will Disputes – Contesting a Will
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.
How to contest a Will – Family will disputes
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.
Who can apply – Who can contest a Will
The following categories of people are able to contest a Will in Queensland:
- Spouse (including de facto spouse);
- Children, young and adult (including stepchildren);
- Dependents (including parents, parents of any infant child(ren) of the testator or a person under 18 years who was wholly or substantially dependent upon the Testator at the time of death);
- Ex-spouse (even if they have previously received a settlement as a result of divorce, although this would affect the amount of any Order made by a Court).
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.
Likelihood of success of your application contesting a Will
Whether your application to dispute a Will will be successful or not depends on a number of factors, including but not limited to:
- The size and nature of the estate;
- Your financial position;
- Your health and the health of your family (ability to earn income);
- Your family situation;
- Any contributions to the building up of the deceased person’s estate;
- Number and quality of any competing claims;
- Any disentitling conduct on your behalf.
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.
Time limits to challenge a Will
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.
Possible outcomes for family Will disputes
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.
Our role
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:
- Probate applications
- Estate administration
- Estate planning
- Drafting wills
- Power of attorney
- Enduring power of attorney
- Testamentary trusts,
- Asset protection
- Other practice areas
We understand that everyone has unique circumstances and are committed to providing expert guidance to help protect your family’s future.
No win no fee
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.
What Our Clients Say
Meet Our Lawyers
Robert Aitken
Robert Casalegno
Craig Bartley
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Family Provision Claims – Courts Will Amend Wills Only to the Extent Necessary and No Further Legislation across all Australian
Call Aitken Whyte Lawyers for solutions and results, for expert and experienced advice to represent you at this important time or, if you want to learn more about our services in Queensland. For Brisbane and surrounding areas including Ipswich, Redlands, Logan, Redcliffe and Caboolture call 07 3063 6000 or email us.
Office Location and Contact Details
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
Ph: 07 3063 6000
Fax: 07 3211 9311
E: enquiries@awbrisbanelawyers.com.au
