DEFENDING A WILL QLD

Defending a Will in Queensland is a complex process. Losing a loved one is already a difficult time. When disagreements arise regarding the contents of a will, it can add further stress. Understanding your rights and the legal process involved in defending a Will is important. This page provides you with a general overview of the topic.

Understanding Will disputes in Queensland

When a person passes away, their Will outlines how their assets and estate should be distributed among beneficiaries.  However, disputes can arise if certain individuals feel that they have been unfairly treated or left out of the Will. In Queensland, various grounds for challenging a Will exist, including:

1. Lack of testamentary capacity;
2. Undue influence;
3. Fraud or forgery;
4. Lack of proper execution; and
5. Family Provision claims.

Strict time limits can apply to Will disputes in Queensland.  You should speak to your lawyer to determine what time limit applies to your circumstances.

Steps to Defending a Will

If you find yourself defending a Will in Queensland, here are some general steps you may need to consider:

1. Seek legal advice. It is crucial to consult with an experienced estate lawyer who can guide you through the process and provide personalised advice based on your circumstances.
2. Understand the grounds. Determine the basis on which the person is seeking to contest the Will and gather any relevant evidence that supports the defence of the Will.
3. Mediation or Negotiation. Mediation or negotiation can sometimes help reach a resolution without going to court. A skilled lawyer can assist in these proceedings.
4. Preparing for Court. Suppose the dispute can not be resolved through alternative means. In that case, your lawyer will assist you in preparing the necessary documentation and representing you in Court.
5. Presenting your case. During the proceedings, your lawyer will present your case, call witnesses if necessary, and provide evidence to support your position.
6. Court decision. The Court will evaluate the evidence presented by both sides and decide what will happen. You must comply with the Court’s decision.

The right legal team

Having a skilled and knowledgeable lawyer is essential when defending a Will in Queensland. Here are some key factors to consider when selecting a lawyer:

1. Experience. Look for a lawyer specialising in estate litigation and with a strong track record in handling will disputes.
2. Reputation. Research the lawyer’s reputation and read client reviews or testimonials to ensure they stand well in the legal community.
3. Communication. Choose a lawyer who communicates effectively and keeps you informed about the progress of your case.
4. Personalised attention. Ensure that the lawyer you choose provides personalised attention to you throughout your case.