Will Disputes

Have you been left out of a will? Our will dispute lawyers have helped many clients with will dispute cases.

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Will Dispute Lawyers Ipswich

If you have been left out of a Will or insufficiently provided for, it is vitally important that you seek the help of a law firm that is experienced in estate litigation matters.

McNamara Law can not only provide you with expert legal advice, but also offer a no-obligation consultation to find out where you stand.

Have you been left out of a will?

There are often very good reasons why a person should be contesting an estate such as:

  • you’ve been left out of the will;
  • you’ve been unfairly provided for;
  • the will is not valid;
  • the executor/administrator was negligent;
  • there is no will;
  • the testator was unduly influenced or pressured to make the will;
  • the testator did not have capacity to understand the will.

As leading will dispute lawyers situated in Ipswich, Springfield and Gatton we have many years of experience in handling a wide range of will disputes and other Estate Planning matters.

Find out where you stand with an initial appointment.  Call 13 58 28

Frequently asked questions

Frequently asked questions about Will Disputes.

For what reasons can I contest a will for provision?

In Queensland you can contest a will if you are:

  • an eligible person (see below) and
  • you believe that you have been unfairly provided for out of the estate of the deceased.

The court can consider many factors, when considering your dispute over the will, these being:

  • your relationship with the deceased;
  • the size of the estate;
  • the financial position of all beneficiaries;
  • any support you had received from the deceased during his/her life;
  • any written statements written by the deceased stating how he/she would like to divide their estate;
  • your standard of living and what you were accustomed to before the deceased’s death;
  • any contribution you made to the deceased’s estate.

Who is eligible to contest a will?

To contest a will in Queensland you need to satisfy one or more of the following:

  • The deceased’s spouse:
    • husband/wife
    • defacto partner
    • civil partner
    • former husband, wife civil partner financially dependent of deceased
  • The deceased’s child:
    • biological child
    • unborn child
    • lawfully adopted child
    • stepchild; and/or
  • The deceased’s dependant:
    • parent,
    • parent of a child of the deceased (providing the child is under 18 years)
    • any person who is significantly dependant of the deceased and is under the age of 18 years e.g. grandchild, step grandchild, brother, sister, niece, nephew or foster child).

In order for any person to be a “dependant” they must have been dependant of the deceased person at the date of the deceased person’s death.

A Will can also be contested for other reasons which include but aren’t limited to the following:-

(a) you believe the last will to be invalid due to the testator lacking the requisite capacity when the will was made;

(b) you believe the last will to be invalid due to the testator being unduly influenced or pressured when the will was made;

(c) the will contents is in breach of a contract or promise between yourself and the deceased. If any of the above scenarios are applicable to your situation, please contact our office today on 13 58 28 to arrange a no-obligation consultation with one of our expert wills and estates lawyers.  Strict timeframes apply to claims!

Find out where you stand with an initial appointment.  Call 13 58 28

Looking for more information?

Download our Wills & Estates Guides.

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