How to Contest a Will in QLD

Contesting a Will – provision claims

In order to contest a Will you need to make a provision claim against a Will. For information on other types of challenges and disputes, please see Challenge a Will.

How to Contest a Will

You need to be an eligible person, to contest a Will. An eligible person is defined as:

• the deceased’s spouse
• the deceased’s child and/or
• the deceased’s dependent.

You must obtain legal advice as soon as you learn that you have been treated unfairly in a Will. You may need to lodge a caveat against an estate to prevent probate from being granted. This is an important step, as once probate is granted, it is nearly impossible to contest a Will.

If you believe you have been treated unfairly, speak to our expert Will dispute lawyers in Townsville today.

You need to clearly state the grounds and basis for contesting the Will, but there is no guarantee of success.

Initially, you should attempt to settle your claim or dispute informally. This can be done through negotiation with the executor and the other beneficiaries. If everyone agrees without needing formal procedures, the executor and beneficiaries will sign a Deed of Agreement. A Deed of Agreement outlines the terms that have been agreed to.

If no agreement is reached, an Application and Affidavit will need to be filed in the Supreme Court. In some cases you will also need to submit a Claim and Statement of Claim.

The court will issue directions concerning how the challenge will be conducted. These directions often include orders that require all parties to engage in mediation under the supervision of a barrister. If a settlement cannot be reached through mediation, then the case will go to trial, and the judge will make the final decision.

Strict time limits apply to contesting a Will. You must file the provision application with the Supreme Court within nine months of the date of death.

Speak with one of our Townsville wills and estates lawyers as early as possible so that we can help you successfully contest a Will.