Contesting Wills, Disputes about Wills

Executors are responsible for administering an estate of the deceased in accordance with the provisions of the Will. They need to act quickly to make sure the Estate assets are secured and adequately insured.

Probate / Letters of Administration is a process of the sealing by the Queensland Supreme Court of the Will as the Last Will and Testament of the deceased. Without Probate / Letters of Administration executors can be personally liable to disappointed beneficiaries.

Our lawyers and solicitors can obtain probate or letters of administration and can carry out of the administration of any estate in Queensland, by doing all the work from start to finish.

Contesting Wills and Disputes about Wills, Family Provision Claims

If you have been left out of a Will, or not properly provided for, you may be entitled to contest or dispute the will and make a claim under the provisions of the Succession Act 1981. Contesting Wills and disputes about Estates is a complex area of law. Whether you are an applicant seeking provision out of an Estate, looking to protect provisions which have been made for you where a Will is being challenged, or an Executor dealing with a claim made against the estate you are administering, our lawyers and solicitors can provide expert advice and representation whether the matter is in the District or Supreme Court.

Generally a person is able to leave their estate how they see fit under their Will. That is why people make a Will leaving their final wishes and directions as to how to distribute their property.

If a person is an eligible person however, then in some circumstances a Will can be challenged. To be able to prove such a case, an applicant needs to show that given the financial situation and position in life they find themselves in, the deceased should have made provision to them under the Will to enable them to have a better standard of living. Need and moral obligations need to be shown. It is not enough that an applicant simply doesn’t like the way the deceased has seen fit to distribute their property.

Eligible persons who are able to apply include:

• Spouse (including de-facto spouse);
• Children, young and adult (including stepchildren);
• Dependents (including parents, parents of any infant child(ren) of the testator or a person under 18 years who was wholly or substantially dependent upon the Testator at the time of death);
• Ex-spouse (even if they have previously received settlement as a result of divorce, although this would affect the amount of any Order made by a Court).

There are also strict time frames within which any application can be made to the Court so if you are a potential claimant, don’t delay and contact us for advice as soon as possible.

Our experienced lawyers can assist you in advising whether or not you may have a claim or if an executor, how to deal with a claim made against an estate.

Aitken Whyte Lawyers offer quality legal advice as to your chances of success, as well as help to prepare all necessary documents to support your Family Provision Claim, oversee the mediation process and prepare and attend trial if required.

Office Location and Contact Details

Sunshine Coast

Maroochydore
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311
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