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Contesting Wills and Estate Disputes

 

Have you been left out of a Will or treated unfairly in an Estate? 

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 info@bcglaw.com.au

 

 

 

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?
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The Importance of Family Provision Applications

Family provision applications are not concerned with achieving fairness or equality. Instead, the statutory purpose of these applications is to adequately provide for an eligible person (including a spouse, child or dependent).
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What can beneficiaries do when executors are misbehaving?

When will executors be engaging in misconduct? Can an executor be removed? Who will pay the legal costs?
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Testamentary Capacity - Contesting Wills

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.
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Contesting Wills

Three Ways to Dispute/Contest a Will
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Estranged son successfully challenges Father’s will- Legal Decisions

The District Court in Cairns made a decision on 17 May 2019 to alter a father’s inheritance to his adult son via his will. The Court enlarged the payment to the son by a factor of five to $100,000.
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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 info@bcglaw.com.au

See Also:

Before Death: Helping the Executor to your Will 

Who to Notify Checklist- Estate Planning

Will & Enduring Power of Attorney FAQ's

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.