Skip to content
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Wills + Estates
      • Wills + Estates
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing
      • Conveyancing Quote
      • Real Estate Agents
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Criminal + Litigation
      • Criminal + Traffic Law
      • Litigation
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Costs of a Law Firm
    • Choosing A Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Wills + Estates
      • Wills + Estates
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing
      • Conveyancing Quote
      • Real Estate Agents
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Criminal + Litigation
      • Criminal + Traffic Law
      • Litigation
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Costs of a Law Firm
    • Choosing A Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

Help: I Disagree with My Parents’ Will

CONTACT US

Discovering that you disagree with the provisions of your parents’ will can be an emotionally challenging experience. Whether you feel that the will does not reflect their true intentions, suspect undue influence, or believe the distribution is unfair, it is important to handle the situation with care and consideration. Here is a guide to navigating this difficult terrain.

 

Understanding Your Concerns

First, identify why you disagree with the will:

 

Fairness: Do you feel that the distribution of assets is inequitable?

Intentions: Do you believe the will does not reflect your parents’ true wishes?

Undue Influence: Are there concerns that someone unduly influenced your parents when making the will?

Legal Validity: Do you suspect that the will might not meet legal requirements?

 

 

Steps to Take

  1. Seek Legal Advice

Consulting with a solicitor who specializes in wills and estates is crucial. They can help you understand the legal standing of the will and your rights. In Queensland, specific laws and processes govern contesting a will, and a legal expert can guide you through them.

 

  1. Review the Will’s Validity

Ensure that the will is legally valid:

 

Testamentary Capacity: Were your parents of sound mind when they made the will?

Proper Execution: Was the will signed and witnessed correctly?

Freedom from Undue Influence: Was the will made without coercion?

 

A solicitor can help you evaluate these aspects and determine if there are grounds to challenge the will.

 

 

  1. Gather Evidence

If you suspect the will is not valid or reflects undue influence, gather evidence:

 

Medical Records: These can provide insight into your parents’ mental state when the will was made.

Witness Statements: Testimonies from those who witnessed the signing or were close to your parents can be valuable.

Documentation: Any letters, emails, or notes that indicate your parents’ intentions.

 

  1. Family Discussion

Before taking legal action, consider discussing your concerns with other family members. A mediated family meeting can sometimes resolve misunderstandings and avoid the emotional and financial costs of legal disputes.

 

  1. Mediation

Mediation is a less adversarial process than going to court. A neutral third party can help you and your family members communicate and find a mutually acceptable solution.

 

Contesting the Will

If you decide to contest the will, there are specific legal grounds you can cite:

 

Lack of Testamentary Capacity: If your parents were not of sound mind when they made the will.

Undue Influence: If someone pressured your parents into making the will.

Fraud or Forgery: If the will was tampered with or is a forgery.

Failure to Meet Legal Requirements: If the will was not properly executed.

 

 

In Queensland, the process typically involves:

 

Filing a Caveat: This prevents the will from being probated until the dispute is resolved.

 Lodging a Family Provision Application: If you believe you have not been adequately provided for, you can apply for a greater share of the estate.

Understanding the Consequences

Contesting a will can be a lengthy, expensive, and emotionally draining process. It can also strain family relationships. Before proceeding, weigh the potential benefits against the emotional and financial costs.

 

 

Alternatives to Contesting

If contesting the will seems too daunting or if legal grounds are weak, consider these alternatives:

 

Negotiation: Sometimes, a simple negotiation with the executor or other beneficiaries can lead to an agreeable solution.

Out-of-Court Settlement: An out-of-court settlement can save time, money, and emotional energy.

Disagreeing with your parents’ will is a delicate situation that requires careful consideration and, often, legal guidance. By understanding your concerns, seeking legal advice, and exploring all available options, you can navigate this difficult time with a clearer perspective and a better chance of achieving a resolution that respects your parents’ intentions and addresses your concerns. Remember, the goal is to honour your parents’ wishes while ensuring fair and lawful distribution of their estate.

 

If you require legal advice or representation in any legal matter, please contact Bennett Carroll Solicitors.  We have offices in Brisbane, Gold Coast and Sunshine Coast.

 

Related Articles

How to Handle Difficult & Misbehaving Beneficiaries in Queensland Estate Administration

When Your Ex Has a New Spouse or Child: Navigating Estate Planning as the Other Parent

Person signing an Enduring Power of Attorney document with support from a trusted advisor, representing future legal and health planning in Queensland in Brisbane, Gold Coast, Sunshine Coast

Enduring Power of Attorney in Queensland: The Crucial Document Most People Overlook in their Estate Plan

Enduring Powers Of Attorney – Conflict Transactions

What to Do When a Loved One Passes Away: Navigating the Legal Process in Queensland

Why You Need a Will and Enduring Power of Attorney (EPOA) Together: The Complete Estate Planning Solution

PrevPreviousUnderstanding Mortgage Responsibilities After Separation
NextManaging Parental Responsibility: What to Do When a Child Refuses Contact with the Other ParentNext

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

Where to Find Us – Bennett Carroll Solicitors Locations
BRISBANE NORTH -
STAFFORD
269 Stafford Road, Stafford,
Brisbane Queensland
4053



Directions: Located just off Gympie Road, near Stafford City Shopping Centre.
BRISBANE SOUTH -
UPPER MOUNT GRAVATT
33 Sanders Street, Upper Mount Gravatt, Brisbane Queensland
4122



Directions: Located just off Mount Gravatt Capalaba Road, a short drive from Westfield Mount Gravatt Shopping Centre.
SUNSHINE COAST -
BIRTINYA
Suite 13, 1 Capital Place, Birtinya, Sunshine Coast Queensland
4575



Directions: Located on the corner of Capital Place & Innovation Parkway, next to Lake Kawana at Birtinya.
GOLD COAST-
MERMAID BEACH
Suite 5, 2484 Gold Coast Highway, Mermaid Beach, Gold Coast Queensland
4218



Directions: Located on the Gold Coast Highway, just minutes from Pacific Fair Shopping Centre.
BRISBANE CENTRAL -
BY APPOINTMENT ONLY
80 Ann Street,
Brisbane City Queensland
4000



Appointments:
Contact us to arrange a meeting at our Brisbane City office.
IPSWICH CENTRAL -
BY APPOINTMENT ONLY
Level 3, 16 East Street, Ipswich Queensland
4305




Appointments:
Contact us to arrange a meeting at our Ipswich office.

Bennett Carroll Solicitors is a full-service Queensland law firm with offices in Brisbane, Ipswich, the Sunshine Coast, and the Gold Coast.
We provide legal advice across a wide range of areas, serving clients all over Queensland.
Most matters can be handled remotely via phone, email, or video conference, so wherever you are, we’re here to help.
We offer expert legal advice across a full range of areas including family law, commercial law, wills & estates, litigation, conveyancing and more.

Contact us today, we are your Legal Problem Solvers.

Live Chat: Available on the corner of this page
Or send us a message anytime via our [Contact Page]

  • 1300 334 566
  • info@bcglaw.com.au
  • Facebook
  • Youtube
Copyright 2025 © Bennett Carroll. All rights reserved.