Contesting a will can be a sensitive and complicated process, especially when family members are grieving and estate issues need to be resolved carefully. It is important to seek clear advice early so any will dispute or estate dispute can be handled as efficiently as possible.
ReesLaw provides practical advice and support for Toowoomba clients involved in will contests, contested estates and family provision claims.
If you are unsure whether you should speak with a lawyer about contesting a will, the answers below address some common questions.
Bereaved family members who are beneficiaries or potential beneficiaries may be entitled to request a copy of the will from the executor or their solicitors.
Only certain people can contest a will, including children, spouses and other eligible dependants. This type of claim is commonly known as a family provision claim.
Before contesting a will, obtain legal advice and consider whether the matter can be discussed with the executor to explore settlement before court proceedings become necessary.
If you are an eligible child, spouse or dependant and believe you have not received adequate provision, you generally have six months from the date of death to notify the executor and nine months from the date of death to file a family provision application in the Supreme Court.
A claim usually involves preparing an application and supporting affidavit, then filing the material within the required timeframe.
Before a court hearing, parties are often encouraged to discuss the dispute through settlement conferences or mediation. Reaching agreement can reduce uncertainty, because once the matter goes before a judge, the outcome is no longer controlled by the parties.
If a hearing is required, the Court may consider factors such as your relationship with the deceased, your contact with them, your financial needs and any evidence explaining why you were left out. Because the process can involve significant time and cost, legal advice can help you assess whether a claim is practical in the circumstances.
Unfortunately, there is no way to be certain that an eligible person will not be able to successfully contest your will. However, if you do want to leave someone out, there are things we can do in drafting your will to assist in heading off a potential claim. As well as offering advice about the consequences of leaving someone out and the possibilities of them successfully contesting your will, we can assist you in wording your will and presenting evidence which may assist in successfully defending a claim, if one is made. If a claim is made after you pass away, we can assist your executor in defending that claim and honouring your wishes.
Book a consultation with an in-demand will contest lawyer in Toowoomba today by calling ReesLaw.
If you believe you have been unfairly excluded from a will, it is important to seek advice from a lawyer experienced in contested wills and estate disputes. When looking for a will contest lawyer in Toowoomba, clients can turn to the team at ReesLaw for clear guidance.
For more than 38 years, ReesLaw has assisted clients with will disputes, contested estate matters and claims involving inadequate provision.
Contact our office today to arrange an appointment.
When working with our experienced will dispute lawyers, Toowoomba clients receive personalised advice tailored to their circumstances.
Our team provides practical support based on the facts of each case, the estate involved and the nature of the dispute.
We are proud to provide clear, respectful and dependable legal support to clients dealing with contested wills.
There is no substitute for professional advice when contesting a will or responding to a contested estate claim. Clients throughout Toowoomba trust ReesLaw for straightforward advice focused on achieving a fair and practical outcome.
To speak with a will contest lawyer in Toowoomba, call ReesLaw today on 07 4632 8484.
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