Contesting A Will
If a family member or loved one has left you out of their will, left you less than you think you deserve, or you believe they lacked capacity when making their will, you may be eligible to contest the Will. There are strict time limits that apply for contesting a Will in Queensland. At Cairns Will & Estates Lawyers, we can act on a no win, no fee basis for most will dispute claims. To find out if you are eligible, call us today.
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clients helped by our team0+
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of will disputes settled out of CourtWho we help…
We help clients from all walks of life who find themselves in the position of having to contest the terms of a Will or acting on behalf of an estate in a dispute.
Children, spouses and defactos who have been unfairly treated by a Will.
Executors or Beneficiaries defending a Will.
Frequently Asked Questions
If you’ve been excluded or inadequately provided for in a will, you can challenge it legally. You may have a claim on the estate, especially if you were dependent on or related to the deceased, or if the will doesn’t align with their true intentions.
There are five common types of claims or disputes:
- Provision Claim: If you’ve been unfairly left out of a will or inadequately provided for.
- Interpretation Dispute: When there’s confusion about the meaning of the will.
- Capacity Dispute: If the will-maker had a mental impairment and didn’t understand the document’s implications when created.
- Undue Influence Dispute: If someone else pressured the will-maker to shape their estate in a way they wouldn’t have on their own.
- Executor Dispute: When an executor mismanages the estate, warranting a challenge to their actions or removal.
To contest a Will – that is, make a provision claim against a Will – you must be an eligible person:
- the deceased’s spouse
- the deceased’s child and/or
- the deceased’s dependant.
We recommend you seek legal advice quickly, as the provision application needs to be filed with the Supreme Court within nine months of the date of death.
Book an initial free consultation with a will dispute lawyer now.
The cost of contesting a Will varies case by case, depending on the circumstances, such as:
- whether you can negotiate an outcome without involving the court
- whether it is necessary to go to court
- the types of investigation needed to get evidence to support your claim
- the attitude of the executors and the other beneficiaries of the estate.
- If your challenge is successful, you will usually obtain an order that requires the estate to pay some or all of your legal costs.
Contact us to learn more.
Every case is different and a successful claim depends on several factors such as:
- Your relationship to the deceased
- Any relevant evidence
- Your financial circumstances, particularly a financial need that the deceased should have provided for
- Size of the estate
To discuss your claim, book a free initial consultation with a Cairns Will Dispute Lawyer.
How Cairns Will Dispute Lawyers can help
Navigating the complexities of estate and Will disputes can be daunting. But with our will dispute lawyers by your side, you can tackle these challenges head-on. We provide robust, actionable advice for:
- disputing a Will, if you feel you haven’t been treated fairly
- defending a Will, if it is being challenged by someone else
- challenging an Executor.
Take steps today to get dependable local legal advice about your Will dispute matters.
Our team
Meet your Cairns based expert lawyers.
Michael Laycock
Zac Middleton-Pol
Nick Hay
Tim Dobinson
Ben Meredith
Sean Webb
Susan Shore
Kaarina Straatemeier
Katrina Faloon
Alexandra Hovan
Why Choose Us?
Jennifer LI am very satisfied with the service and information provided. All the staff that I’ve dealt with both legal and reception have been helpful and knowledgeable.
In particular, Zac has made the legal actions I’ve required, easy to understand, and answer any questions that I had.
One very happy client and the fees are not exorbitant. Thank you again for your patience and assistance during a difficult process when I’m grieving for my partner.
Simon CFrom the very first time that we spoke with Preston Law we felt very comfortable. They were very thorough and competent professional who always had our best interest in mind.
They took time to understand our situation and our needs so that they could help us to achieve the best possible outcome for us and answered all our questions in a very simple and efficient manner.
We felt completely at ease with Preston Law as they assisted us in making our wills.
We highly recommend Preston law to anyone that wants to make their wills with the highest professional and ethical standards.
Shawn PereraI would definitely recommend Preston Law. Executing my Mum’s will was made painless and simple. They were prompt, professional and precise. Thanks again.
Matthew ByrneWe had been procrastinating putting together our Wills. Tim Dobinson and the team at Preston Law were briefed in one phone call and the Wills were done! Preston Law get the job done.
