Are you looking for information on how to contest a will in Queensland?
Have you recently received a will from a deceased loved one and are unhappy with the proceedings that took place as a result of it?
If so, this is probably an incredibly distressing time for you, and you may not know how you can proceed.
The emotions you are likely already experiencing due to the death of the person that you love with the added anxiety of having to manage a potentially unjust will.
This can easily become all too much and can lead to some serious repercussions on both your well-being and the result of the will.
This is why it is vital that you are aware of the process of contesting a will, what it is, how you can go about it, and some other basic details that are a must!
This article will discuss some of the key questions people may ask regarding the process of contesting a will and how the answers can help you to achieve a fair and just result from the will.
Do you want to know how to contest a will in Qld? Be referred to the best wills & estates lawyers on the Sunshine Coast
What is Contesting a Will?
The first question that many ask regarding the act of contesting a will is what exactly it is and how it works.
Contesting a will may otherwise be referred to as a “family provision claim”.
Contesting a will generally occur when a loved one or potential/expected beneficiary of a recently deceased individual feels that they should have been included in the will of said individual.
It may also occur when someone feels that they did not receive their fair share of the person’s belongings or estate due to issues with the will.
No one needs the added stress of managing the will of a recently deceased person when they are already experiencing the emotional turmoil of their death.
Unfortunately, sometimes it must be done in order for the will to be just and right. A will can be contested, but specific circumstances are required to do so.
For example, not anyone can just contest a will for a deceased person. They must, of course, be able to prove that they had a relationship or a connection of some sort with the individual.
It can be an extremely challenging process, so you should know as much about contesting a will before doing so.
What are the Steps to Contesting a Will?
Now that you are aware of what the term “contesting a will” refers to, you may be wondering what the steps are to make it happen.
This is a reasonable and essential question as, after all, how would one contest a will without knowing how to do so?
To begin your family provision claim, it is first essential that you are sure that you have the grounds to do so.
There are several legal circumstances that will allow you to contest a will.
It is absolutely not appropriate nor legally sound to contest a will because you simply do not agree with the outcome or its terms.
As stated, you can only contest a will if you genuinely benefit from the matter or are personally influenced by its outcome.
To be invalid, the writer of the will must have been believed to be lacking in mental capacity, the will must have been fraudulent, or the proper process must not have been taken.
How to Contest a Will
Once you are sure that you are legally allowed to contest a will, you must make sure that you are doing so at the appropriate time.
Similar to many legal actions, you do not have as much time as you please to contest a will.
This can be particularly difficult in the case of contesting a will, as you will likely need some time to manage your grief.
Depending on where the individual lived, you will have either several months or sometimes years to take action.
Now that you have considered this, these are the key steps to effectively contesting a will.
- Prove Validity: As stated, the will must be invalid in order for it to be contested. You must identify if the will was invalid in one or more of the three aforementioned ways and then collect evidence to suggest this is the case.
- Do Your Research: You should then research the laws of the area in which you live and/or the area in which the deceased lived to determine if it is worth your while. Some Wills will include a no-contest clause which means that, if you do contest, you could face legal consequences.
- File an Application: Before the process can actually take place, you need to file an application that states your intent to challenge the will.
- Gather Evidence: Once you have filed your petition, it is essential that you collect evidence that will support the case you intend to present. You should do this before your court date, which you should be aware of at this point in the process.
- Go to Court: The next and final step in contesting a will is to go to court to present your case.
Should I Hire a Lawyer?
Another commonly asked question by those who wish to know more about the process of contesting a will is whether should I hire a lawyer to help me to do so.
The simple answer to this question is yes, and here’s why! A wills and estates lawyer is, obviously, a professional in the law and, depending on your selected lawyer’s area of expertise or client basis will likely have engaged in similar matters in the past.
For starters, you can have a conversation with a lawyer to determine if it is even worth your while to engage in the process of contesting a will.
Once you have determined whether or not this is the case for you, they can help you to decide on how to proceed.
Their knowledge of the state/national laws will likely be far beyond yours also, so they can give you advice on time restrictions and other important details.
They can also write and send a large majority of the legal documents you will need and represent you in court!
Key Takeaways
Contesting a will can be difficult.
The added grief that you’re feeling due to your recently deceased loved ones’ wishes not being properly met can simply make the entire ordeal all too much!
This is why contesting a will can be essential in some circumstances, and you must be aware of the process before you do so.
Remember to do your own separate research to determine if the process is right for you!
Do you want to know how to contest a will in Qld? Be referred to the best wills & estates lawyers on the Sunshine Coast
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