Challenging a Will in Queensland

How to Challenge a Will

Challenging a Will differs from contesting. Where contesting a Will relates to the validity of the Will itself, challenging a Will focuses on the specific provisions made for individuals.

When it comes to challenging a Will, it is critical that you seek legal advice as soon as you learn that you have been treated unfairly in a Will.. You may need to lodge a probate caveat against an estate with the Queensland Supreme Court. This gives notice to ensure that probate for the deceased estate is not granted. Once probate is granted, it is nearly impossible to challenge a Will.

Speak to our Will dispute lawyers in Townsville to navigate this process quickly.

The process for contesting a Will may differ depending on the nature of the challenge. In general, the individual who is contesting the Will must provide a clear explanation of the reasons and foundation for their challenge. It is important to note that success in such a challenge is not guaranteed.

In all cases, you should aim to resolve your claim or dispute informally through negotiation with the executor and the other beneficiaries. Most Will disputes are settled outside of court. If you can reach a resolution informally, the executor and the other beneficiaries will execute a Deed of Agreement that sets out the terms of the new arrangement.

If you are unable to reach an agreement informally, then the next step is to file a court application. The court will make directions regarding the conduct of the challenge, which will likely instruct the parties to participate in mediation under the supervision of a barrister. If a settlement cannot be reached at mediation, then the matter will go to trial and the judge will make the final decision.

Strict time limits apply to challenging a Will, so speak with one of our wills and estates lawyers in Townsville as early as possible.

Our team of legal experts has a wealth of experience in resolving Will disputes without the need for court. However, if your matter goes to trial, our wills and estate lawyers can represent you effectively in court. We have achieved notable success in winning significant court cases on behalf of our clients.

Will your challenge be successful?

There are several factors that determine the success or failure of a Will challenge, including:

• the circumstances upon which the challenge is brought
• the investigations that are undertaken to support the basis of the challenge
• the quality of the evidence that is prepared and presented, both during the negotiation and the trial phase of the dispute (if it goes to court)
• the submissions that are made on your behalf during the negotiation and litigation phase of a challenge.

Getting Townsville Wills and Estates Lawyers involved early will improve your chances of success. Contact us to find out how we can help.