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Will Dispute Lawyer Brisbane

The process of bringing a claim under a deceased person’s Will or on intestacy is commonly referred to as “challenging” or “contesting” the will. In Queensland this is governed by the Succession Act 1981.

A common reason for contesting a will is that a family will dispute lawyer brisbane or dependant feels they have not been adequately provided for in the Will. The law in this area is called “Family Provision Law” and it sets out who is entitled to make a claim for further and better provision out of a deceased person’s estate. These categories include spouses, de facto spouses, children, other dependants and certain relatives.

The rules for bringing claims are strict and there is also a time limit. A Will Dispute Lawyer Brisbane should be consulted immediately if you believe you have a valid claim.

Resolving Will Disputes in Brisbane: How a Skilled Will Dispute Lawyer Can Help You Protect Your Inheritance

If you have concerns about the validity of a will or the Executor’s actions you can lodge a caveat which prevents probate being granted. This is usually done where there are concerns that the will maker lacked testamentary capacity, that they were unduly influenced or placed under duress to make the Will in a particular way or that the will was not properly executed.

In most cases the parties will attend mediation before a court date is set. This is where the lawyers for each party meet and attempt to resolve the dispute in an informal setting. If the case cannot be resolved at mediation the matter will be heard before the District or Supreme Court.