Will + Estate Disputes

Success rates vary depending on grounds and evidence. We provide realistic assessments.

Each Australian jurisdiction has specific grounds for contesting wills. To establish a solid basis for contesting, and in turn be deemed to be an ‘eligible person,’ the claimant generally must demonstrate that the deceased was subjected to undue influence, threats, constraints, or coercion when creating their will.

Reasons for contesting a will include:

• You haven’t been adequately provided for in the Will
• Doubt over the validity of the Will
• The will-maker was unduly influenced when making or updating their Will

Main risks include legal costs and potential “no costs” orders. We explain all risks upfront.

Depends on circumstances, strength of case, and potential outcomes. We provide honest advice.

If you have been left out of a will, you may be confused about your exclusion from the deceased person’s estate. A will maker, also known as a testator, is entitled to be capricious and improvident when making a will and one of the traditional foundations of succession law is the importance of testamentary freedom. However, the unfettered discretion of a testator has been limited by the development of testator’s family maintenance and family provision legislation, which acknowledges a moral, as well as a legal, imperative on the testator to provide for spouses, children or dependants. If you are a spouse, child, or dependent of the deceased, you may have legal grounds to contest the will. In Australia, you may be able to challenge the will under family provision laws, which are designed to ensure that eligible family members receive adequate provision from the estate. To contest a will, you typically need to demonstrate that you have not been adequately provided for in the will and that you have a legitimate claim to a share of the estate. It is essential to seek legal advice promptly to understand your rights and options, as there are specific time limits for challenging a will.

In Queensland, Australia, it is generally possible to leave a child out of your Will, but it is essential to approach this matter with caution and consider potential legal implications. The Succession Act 1981 governs wills in Queensland, and it grants a person the freedom to dispose of their assets as they wish.

However, if a child believes they have been unfairly excluded from their parent’s Will or have not been adequately provided for, they may challenge the Will’s validity or seek a Family Provision Order to claim a share of the deceased’s estate. To minimize the risk of such challenges, it is advisable to seek professional legal advice when drafting a Will.

To ensure your Will reflects your wishes and is less susceptible to disputes, transparency and clarity in your intentions are crucial. Open communication with all potential beneficiaries, including the child you wish to exclude, may help mitigate potential conflicts and reduce the likelihood of legal challenges after your passing.

The assets go to the next-of-kin according to schedule set out in the Succession Act 1981. Court must appoint an executor which may be a family member or the Public Trustee.

An Executor is the person appointed in your Will to manage and administer your estate after you pass away. In simple terms, the executor is responsible for making sure your property, money, and possessions are distributed according to your wishes.

Their duties may include:

• Applying for a Grant of Probate (if required)

• Collecting and valuing your assets

• Paying outstanding debts, tax, or liabilities

• Distributing the estate to your beneficiaries

Executors are entitled to have their reasonable expenses (such as court filing fees or professional costs) reimbursed from the estate.

In Queensland, if the Will does not provide for executor payment, they may also be able to apply to the court for executor’s commission — a percentage of the estate — in recognition of the time and effort involved. This is more common when the administration is complex, lengthy, or requires significant work.

Some Wills include a specific gift or payment for the executor as compensation. In many families, however, executors are often close relatives who take on the role without payment.

Beneficiaries are the people or organisations named in a Will who are entitled to receive part of the deceased person’s estate. This may include family members, friends, charities, or others chosen by the Will-maker. Beneficiaries can receive specific gifts (such as money, property, or personal items) or a share of the overall estate.

By ensuring that your Will is valid, current and has been drawn up by a professional, such as Bennett Carroll Solicitors. We will advise you on the most effective means of distributing your assets and ways in which assets can be protected.

Yes. In Queensland, you must notify the executor of your intention to contest within 6 months of death, and file your claim within 9 months. Missing these deadlines can mean losing your right to claim.