All you must know about contesting or disputing a will
In case you feel that a will was unfair to you, or you have not been adequately provided as expected, you can choose to contest of dispute the will. If your claim is genuine, the court will pass an order for the estate to be redistributed. This is known as the family provision claim, which is made to ensure that the concerned person gets the required maintenance and dues for his life. Apart from disputing a will, you can choose to contest its validity, as well. For example, it can be proved that the maker didn’t know or agree to the contents of the will or had signed the same under pressure, fraud or mysterious circumstances. When there’s no will left by the deceased, the Succession Act determines the distribution of the state, which can be contested too. In short, you can contest or dispute a will, and for that, you need legal help OR read more about how to contest a will.
Understanding the time limits
If you are looking for will dispute lawyers in Brisbane, make sure to act early. For deaths after March 2009, there’s just one year from the death of the deceased to contest or dispute a will, although such limits can be extended in some cases. For example, you may not have known that the person concerned had died or you probably were aware the new rules and time limits. If you have been threatened, the time limit clause may not apply.
Making a claim
“Eligible persons” who can make a claim include spouse of the deceased at the time of death, person(s) the deceased was living with, child, former spouse, or someone who was dependent on the deceased at some point in any capacity (full or part dependency). Grandchildren who were a member of the household at some point or anyone with a close personal relationship with the deceased before or at the time of death can also make a claim.
If you are an “Eligible person”, you can choose to settle the dispute through negotiation, but if that doesn’t happen, a court case is often required. You will need a lawyer who can ensure that you get the share of the will that’s due on your part. Find a law firm that’s capable of taking the case, and if required, they can mediate and negotiate with the other party(s). Before you take the next step, discuss all possibilities with the lawyer.