Question 1

What is the time limit for contesting a will in Australia (QLD)?

Accepted Answer

In Queensland, you must provide notice to the executor within 6 months of the date of death and file your formal application in the court within 9 months. Missing these dates can jeopardise your claim.

Question 2

Can a stepchild contest a will?

Accepted Answer

Yes. Under QLD law, step-children are considered children of the deceased and are eligible to file a Family Provision Application if they have been left with inadequate provision.

Question 3

Do I have to go to court to contest a will?

Accepted Answer

Not necessarily. Most cases are settled during mediation. Our goal is to reach a settlement that avoids the emotional and financial strain of a trial while ensuring you receive a fair share.

Question 4

What factors does the court consider?

Accepted Answer

The court looks at your financial needs, your health, the length of your relationship with the deceased, and any contributions you made to the deceased’s assets or welfare.

Question 5

How much will I receive if I contest a will?

Accepted Answer

There is no fixed formula. The amount depends on the estate's size, your needs, and the needs of other beneficiaries. An expert will contesting lawyer can provide an estimate based on previous court rulings.

Question 6

Can I contest a will if there is no will (Intestacy)?

Accepted Answer

Yes. If a person dies intestate, the estate is distributed according to set formulas. If these formulas leave you in financial hardship, you can still apply for further provision.

Question 7

Who pays for the legal fees in a will dispute?

Accepted Answer

In most successful cases, the court orders the estate to cover the legal costs. If a claim is deemed frivolous, the person making the claim may be ordered to pay their own costs.

Question 8

What is Undue Influence in Will contesting?

Accepted Answer

This occurs when the deceased was coerced or pressured into making a Will that did not reflect their free will. This is a ground for challenging the validity of the Will.

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