Challenging or contesting a Will
At Cronin Miller Litigation, we recognise and understand that losing a loved one is hard enough without the added stress of a Will that doesn’t seem fair or doesn’t feel right.
What does it mean to challenge a Will?
To challenge a Will is to question whether or not it is valid. You may have grounds to ask the court to review it and decide whether it should be changed, ignored or set aside all together.
You might challenge a Will if:
- the Willmaker did not have the capacity to make the Will;
- the Willmaker did not understand (and as a result could not approve) the contents of the Will;
- you suspect undue influence, pressure, or manipulation; or
you think the Will was forged or not signed properly.
A challenge can be made against a Will either before or after probate is granted. However, it is crucial that you act quickly as there are certain steps that should be taken as soon as possible. If you have sufficient grounds to challenge a Will, and a grant of probate has not yet been issued, you may be able to lodge a caveat to preserve your rights. If this is the case, you should contact our team as soon as possible.
What does it mean to contest a Will?
Contesting a Will is where an eligible person (such as a spouse, child, stepchild or financial dependant) considers the terms of the Will are unfair as the Will does not adequately provide for their future financial needs. This is known as a family provision application or claim.
There are strict timeframes that apply for contesting a Will. In Queensland, an eligible person has six months after the death of the Willmaker to notify the executor of their intention to make a claim. The application must then be made within nine months of the date of death.
It is therefore important to act promptly if you wish to contest a Will.
If you are concerned about the validity of the Will or you do not consider you have been fairly provided for in the Will, you may have grounds to ask the court to intervene.
We are here to help you understand whether you have a valid claim, gather evidence and file the appropriate court documents, along with protecting your rights and achieve a just outcome.