Know Your Legal Rights Before You Contest a Will – Moreton Bay
At Bridge Legal, we understand that emotions run high after the death of a loved one. And those feelings can be amplified when talk of money, personal/business assets and family relationships is brought into question.
If you have a good reason to suspect the Will of a deceased family member is invalid, or you are unsatisfied with how the assets of the Will have been divided, you may be eligible to contest a Will in Moreton Bay.
What We Do
Our goal is to help people like yourself understand your legal rights and how you can move forward to rightfully claim what is yours – while keeping the peace among the family. By taking the time to assess the evidence of your case, we can guide you through the process and help you achieve the best possible outcome.
All legal advice is given to you in clear, easy to follow terms and tailored to your individual circumstances.
Call Bridge Legal on (07) 3062 2803. Our friendly team will be happy to assess your case.
What You Need to Know First
Each state and territory in Australia has their own rules in regards to contesting a Will. Bridge Legal has a deep understanding of the rules in Queensland and knows exactly what the court looks for to determine if your case is valid or not.
Below are the key factors you should consider when you decide to contest a Will in Moreton Bay.
Do You Have Fair Grounds to Contest?
In Queensland, you may be eligible to contest a Will if:
- You have good reason to believe you have not been adequately provided for based on how the estate has been divided.
- You suspect the deceased did not have the mental capacity to write the Will and did not understand the terms and conditions of the content.
- You believe a third-party had an undue influence on the kind of content inside the Will and how the assets were agreed to be divided.
Due to the nature of contested estates, the court takes into account a lot of different factors to determine if you have a valid case or not. To find out if you have a strong case, call Bridge Legal on (07) 3062 2803 for a FREE initial case assessment.
Are You Eligible?
According to section 41 of the Succession Act you may be eligible to contest a Will if you fall under the following categories:
- The deceased’s spouse, de-facto, registered partner or former spouse
- The deceased’s child, foster child or step-child
- The deceased’s parent, grandparent, step-parent or step-grandparent
- Dependant on the deceased
You may classify as dependant on the deceased if you are a person who was being maintained by the deceased at the time of their death. This may apply even if you are not the biological child of the deceased.
How Much Time do You Have?
In Queensland you have a limited window of opportunity to contest a Will.
You have within six months of the date of death to give notice to the executor that you intend to contest. If the executor does not receive this notice within the six month time period, they are free to distribute the assets of the estate as stated in the Will or agreed upon by the courts.
If six months have passed and you have not given the executor notice of your intent to contest – yet the estate has not yet been distributed – you can still give notice outside of this time period. Once the estate has received notice, they must withhold distributing the assets of the estate until the dispute has been settled.
You must also submit a Family Provision Application within nine months from the date of the deceased’s death. However, the court still does accept late applications if you meet certain criteria.