Contesting a Will and Estate Disputes
- Estate Disputes
- Contesting a Will
- Tribunal Matters
Our estate team is here to help you, with offices conveniently located in Brisbane North and South, Gold Coast and the Sunshine Coast. We are also available by phone 1300 334 566. Or email email@example.com
Left out of the will? Family provision applications explained
Wills are designed to provide a deceased persons’ family and friends with clarity as to how their estate’s assets will be distributed.
But what happens when a family member is left out? What if the provision is inadequate? Or, what if the deceased person dies without a will?
Under section 41 of the Succession Act 1981 (Qld) if any person dies, with or without a will, and no or inadequate provision is made from the estate for proper maintenance and support of an eligible person, the court can make an order for provision from the estate.
Continue reading... Left Out of a Will? Family Provision Application Explained
What can beneficiaries do when executors are misbehaving?
An executor is a person appointed by a will to carry out the deceased’s wishes. This includes funeral arrangements, obtaining probate, discharging debts and keeping proper accounts. The most notable duty is that executors must collect, protect, manage and distribute estate assets to beneficiaries in accordance with the will.
When will executors be engaging in misconduct? Can an executor be removed? Who will pay the legal costs? Continue reading..What can beneficiaries do when executors are misbehaving?
One of the side effects is that in the last five years, there has been a sharp rise in the incidence of attacks on Wills, based on the argument that the Testator (the person who signed the Will), did not have capacity to make a Will, at the time the document was signed.
Three ways to contest a Will:-
1. The Will was not executed properly.
2. Lack of testamentary capacity.
3. Application for a provision (previously called testator’s family maintenance).
Continue reading.. Contesting Wills
Our estate team is here to help you, with offices conveniently located in Brisbane North and South, Gold Coast and the Sunshine Coast.
We are also available by phone 1300 334 566.
Or email firstname.lastname@example.org
With law firms located in Brisbane (Upper Mount Gravatt and Stafford), the Sunshine Coast (Kawana) and the Gold Coast (Robina and Mermaid Beach) - our experienced solicitors are available to assist you with your will and estate matters now. To talk to a lawyer near you, please contact us today.
- Why do I need a Will?
- What is a Power of Attorney?
- What if a person dies without leaving a Will?
- Why do I need an EPOA?
- Is my current Will valid?
- Who can be my attorney?
- Why can’t the Public Trustee prepare my Will?
- Why can’t the Public Trustee prepare my EPOA?
- Who is an Executor?
- How does an Enduring Power Of Attorney differ from a General Power Of Attorney?
- Who are beneficiaries?
- Do you need to register the Enduring Power Of Attorney?
- How can I avoid a challenge to my Will?
- How do you revoke your Enduring Power Of Attorney?
- Can you Omit someone from your will?
- What is a Health Directive?
- What about funeral arrangement requests?
Legal Q & A (click for audio) - Wanting to leave a child out of will, worried about estate money used fighting it
Legal Q & A (click for audio) - Thoughts on the Public Trustee doing my will?
Legal Q & A (click for audio) - I have been appointed an executor to a Will, what happens now?