FAQs about contesting a Will

Our Will dispute lawyers in Townsville answer some of the most common questions about contesting a Will in Queensland.

If you need legal advice regarding a Will dispute, speak to one of our lawyers.

Who can contest a Will?

To contest a Will and make a provision claim, you must be an eligible person. This could be:

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

To be considered a dependant, a person must have been fully or substantially supported by the deceased person at the time of their passing.

Is there a time limit for contesting a Will?

Contesting a will has strict time limits. The application for provision must be submitted to the Supreme Court within nine months from the date of death.

Can I contest a Will after probate?

It is extremely difficult, and in many cases, impossible, for a Will to be contested once the Probate of a Will is granted.

It is essential to seek legal advice as soon as you discover that you have been treated unfairly in a Will. To ensure that Probate is not granted, you may need to lodge a Caveat against an estate.

The caveat indicates uncertainty and that there is a challenge or contest against the Will. The executor will then stop administering the deceased’s estate until the matter is resolved.

How much does it cost to contest a Will?

The cost of contesting a Will vary depending on the circumstances of each case. Factors that affect the cost include:

• 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 cooperation of the executors and the other beneficiaries of the estate.

If you are successful in your legal challenge, the estate may be required to pay some or all of your legal fees.

At Townsville Wills and Estates Lawyers, we offer no-win-no-fee or deferred fee options for some cases. Please reach out to us to learn more.

Can an executor contest a Will?

Executors can contest a Will if they believe they have been unfairly treated in the Will.

You will need to carefully consider whether it is appropriate for you to continue to act as executor if you are contesting the Will. In some cases, you will need to step aside as executor before you can start the process of contesting a Will.

Can grandchildren contest a Will?

Grandchildren can contest their grandparents’ Will if they feel there is inadequate provision. This is especially true if they were wholly or substantially maintained or supported at the time of the deceased’s death.

Can stepchildren contest a Will?

Stepchildren have a right to contest the Will of not only their parents but also their stepparents.

Stepchildren have the same right as biological children to challenge their parents’ wills.