We are a Gold Coast law firm and can assist you with contesting a Will or defending a claim.
If you act as an executor or an administrator of a deceased estate and you receive notice of a proposed claim for further provision out of an estate pursuant to the Succession Act, we are able to assist you with defending a claim.
Alternatively, if you have not been properly provided for, we can advise you regarding a claim for provision from a deceased estate if you want to contest a Will in Queensland.
Making a claim in Queensland under the Succession Act enables the court to vary a Will or distribute the estate in favour of certain defined eligible persons or applicants on specified grounds.
In Queensland, the family provision legislation includes some or all of the following categories of eligible applicants who may apply for provision under the applicable legislation:
- former spouses
- de facto spouses
- children and step-children
There is no formula for any monetary entitlement that a person should receive from an estate if they are making a claim.
Matters that the Court considers in an Estate Claim
The Judge compares the needs of the person who is making the claim with those of the other beneficiaries in order to determine whether there has been inadequate provision for their maintenance or support. When making this assessment, the Judge usually looks at:
- the size of the estate
- financial needs and health of the person making the application
- the character and conduct of the person making the application toward the deceased
- whether the deceased had a responsibility to provide for the person making the application
- whether adequate provision has been made for the proper maintenance and support of the person making the application
- any other relevant matters
Where the Judge finds that adequate provision has not been made for the person making the application, it will then determine what, if any, provision ought to have been made for the applicant. In many cases claims are settled at a mediation and a hearing before the court is not required.
Strict time limits apply for making a claim and contesting a Will in Queensland and accordingly you should not delay in contacting us to advise you regarding your legal rights.
If you have a meritorious claim and it is not a small estate then ordinarily your legal costs will be paid by the estate. Payment of your legal costs is however discretionary and a matter for the court to consider after hearing the matter in court or to be negotiated with the executors of the deceased estate.
Whether acting for an executor or a claimant, we strive to negotiate a successful outcome and to minimise the legal costs where possible.
Other Estate Matters
We can also assist you with obtaining probate or letters of administration for a deceased estate.
Please do not hesitate to contact us if you require advice regarding any estate dispute or obtaining probate of letters of administration of a deceased estate in Queensland.
We are Gold Coast Estate Lawyers situated at Robina on the Gold Coast.