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Challenging a Will
Whitsundays
Disputes over wills can be emotionally and financially taxing, involving a series of complex legal steps and procedures. Seeking professional legal advice is crucial in these situations. At Airlie Legal, we specialise in guiding clients through the process of challenging a will with expertise and care.
Who We Help
If you feel you have been unfairly treated in a will, you might be able to challenge it in court. To successfully contest a will, we strongly recommend employing experienced probate lawyers who can explain the relevant laws in Queensland.
Inheritance Disputes
Inheritance disputes among family members are common. Disagreements between a parent and an adult child can result in an unfair will, potentially leading to a family member being disinherited. Often, the main asset in question is the house, which is typically at the center of these disputes.
Time Limits
In Queensland, you have 9 months from the date of the deceased's death to file your claim. However, you must notify the executor of your intention to make a claim against the will within 6 months of the date of death. This notice must be in writing.
Contesting Wills
You can contest a valid will if you receive inadequate provision. If the court finds in your favor, it can vary the provisions or order the redistribution of the estate. You may also contest the will if the person died without making one (intestate) or if the will is invalid. Our fees are only payable if an agreement is reached or if there is a court order, with the fees being paid out of the estate.
Challenging Wills
In some circumstances, you can challenge the validity of a will. Grounds for this can include undue influence, lack of mental capacity, fraud, or forgery. Challenges can be made before or after a grant of probate, but it is much harder after the estate has been distributed. Typically, only potential beneficiaries or those named in the current or previous will can challenge its validity.
Who Can Contest a Will
In Queensland, only a “spouse,” “child,” or “dependent” of the deceased can contest a will. A grandchild may be eligible if they fall within the category of “dependent.”
Defending a Contested Will
If the estate is small (under $500,000), it is advisable to reach an agreement early to minimize legal costs and preserve the estate's assets. When several siblings wish to make claims, costs can sometimes be minimized if represented by one law firm. However, this may not always be possible due to competing claims. The executor or administrator must prove the will's validity when challenged by an interested person.
How
Airlie Legal Can Help
Airlie Legal will evaluate the validity of your claim, review the evidence, and provide guidance on the best course of action. We help you understand the merits of your case, the potential for success in court, and the possible outcomes of challenging or contesting the will. Our goal is to ensure you are well-informed and confident throughout the process.
If there are valid grounds, we will help you initiate a claim, which might involve filing a court application or a family provision claim. Airlie Legal will assist you in navigating these legal procedures, ensuring all necessary steps are taken to advocate for your interests effectively.
At Airlie Legal, we offer robust representation in court, advocating strongly for your interests to ensure the best possible outcome. Additionally, we engage in mediation to resolve disputes amicably and efficiently, aiming to achieve fair resolutions without the need for prolonged litigation.
What They Say
"Seda, how do I thank you enough. From the very first time I spoke with you and all the times since, I felt comfortable, listened to, and supported. You did an exceptional job in my case. With your knowledge, attention to detail, caring ability to explain, clear communications, professionalism, timely advice, and always responsive. I highly recommend."
- Gemma
"I highly recommend Seda Sanli for her exceptional legal services. Over the past year, I have observed her diligence, detail-oriented approach, and strong integrity. Se is compassionate, empathetic, and communicates effectively, ensuring clients understand and feel supported. She handles challenging situations with professionalism and continually updates her knowledge to provide high-quality legal services. I confidently endorse Seda for her competence, dedication, and integrity."
- Hannah
Honest Advice, Guidance and Legal Representation
If you have any questions about contesting a will in the Whitsundays or nearby areas, contact us for a complimentary consultation. Trust Airlie Legal to provide the support and expertise needed to navigate the complexities of challenging a will.
