Contesting a Will
Have you been left out of a will? Discovering you’ve been overlooked can come as quite a shock at what is already an emotional time. There are options available to assist you if you have been left out unfairly. Get in touch today and protect your position as time limits apply.
Family Provision Claims
Certain family members and dependents who have not been adequately provided for in a will may be able to apply for further provision. The likelihood of success depends on a variety of factors so get in touch to discuss your particular situation.
- Strict time limits apply
- Application may be brought by a spouse or a child of the deceased or a dependent (limitations apply)
- You do not need to have been left out entirely for the Court to award further provision
Challenging the Validity of a Will
People update their wills to reflect changing circumstances in their lives all the time. Often this has the effect of removing or reducing a beneficiary’s inheritance. While usually legitimate, sometimes this can unfortunately be the result of factors such as lack of capacity or undue influence which have the potential to affect the validity of the will itself. Ruling a will invalid may reinstate an earlier will and restore the beneficiary’s original entitlement. Some circumstances that should be considered include:
- Lack of testamentary capacity
- Undue influence on the person making the will
- Alterations and additions to and destruction of the will
- Disputing the construction of the will
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Give our office a call on (07) 3535 0609 and one of our friendly staff will help you get started.
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(07) 3535 0609
Level 54, 111 Eagle Street
Brisbane City QLD 4000
(By appointment only)
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Generations Law would like to acknowledge the First Nations people as the original inhabitants and traditional custodians of the lands on which we operate and pay our respects to all Elders past, present and emerging as they hold the memories, traditions and culture of these lands and waterways and thank them for their wisdom and guidance. These include the Yuggera and Turrbal people in and around Brisbane, the Goenpul & Jandawal people of Moreton Bay, the Kombumerri people of the Yugambeh language group of the Gold Coast and the Gubbi Gubbi people of the Sunshine Coast.