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

Help: I Disagree with My Parents’ Will

  • Published: 26 August 2024
  • Last Updated: 26 August 2024

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

Do I need to do a tax return for a deceased estate in Queensland? – Legal Advice Article

An Advance Health Directive (AHD) in Queensland ensures your healthcare wishes, including Do Not Resuscitate (DNR) instructions, are legally followed, giving you and your loved ones clarity and peace of mind. Many Queensland residents assume that a Will or Enduring Power of Attorney (EPOA) covers medical decisions, but only an AHD legally records your healthcare choices if you cannot communicate. At Bennett Carroll Solicitors, we guide clients through AHDs as part of comprehensive estate planning, Wills, and Enduring Powers of Attorney. We provide Queensland-wide legal services from our conveniently located offices in Stafford (Brisbane North), Upper Mount Gravatt (Brisbane South), Kawana Waters/Birtinya (Sunshine Coast), Mermaid Beach (Gold Coast), and by appointment in Ipswich and Brisbane Central, with flexible consultations available via phone, secure email, video conferencing, or in-person visits.

Advance Health Directives in Queensland: Protect Your Healthcare Decisions Through Estate Planning

Invalid Wills in Queensland: What Happens If a Will Is Not Executed Properly?

Legal Actions Against Executor Delaying Estate Administration

Five Considerations when Selecting an Executor to Your Will/ Estate

Five Considerations when Selecting an Executor to Your Will/ Estate

Wills and Estate Planning for Blended Families: Securing Your Stepchildren’s Future

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.

PrevPreviousUnderstanding Mortgage Responsibilities After Separation
NextManaging Parental Responsibility: What to Do When a Child Refuses Contact with the Other ParentNext
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll. All rights reserved.