---

Wills, Contesting Wills, Disputing a Will

---

Wills, Contesting Wills and Challenging a Will

Family Provision Claims – Will Disputes – Contesting 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.

How to contest a Will – Family will disputes

A Family Provision Application to chanllenge 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, that is, 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.

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 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 carry out the role of 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.

Time limits to challenge a Will

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 proceedings within 9 months of their death. You could lose your rights to challenge a Will quite easily and quickly so early legal advice is strongly recommended.

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.

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.

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.

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.

Relevant Cases:

• Bryna Pty Ltd & Anor v Wallerstein; Bryna Pty Ltd & Ors [2014] QSC 29

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au