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If you have been unfairly left out of a Will or if you feel the Will does not provide for you fairly then an application to the Court, known as a Family Provision Application, can be made on your behalf. In this Application you will challenge the Will and ask the Court to make an order that you are properly provided for from the deceased estate. Contesting a Will of a deceased estate is a difficult and emotional decision to make. If you are entitled to make a claim against a deceased estate, careful consideration needs to be given to your prospects of success.
There are strict time limits for challenging a Will in Queensland and you are required to notify the executor of the decease Estate of your intention to make a claim within 6 months of the date of the deceased’s death. MCG Legal are experience in the complicated process of contesting a Will and it is important to obtain legal advice as soon as possible.
A will can also be challenged as follows:
Incapacity – where the deceased lacked the testamentary capacity to make a Will which means they did not understand the nature and effect of the Will they were signing
Undue Influence – where the deceased was under pressure or influence by someone else when making their Will
Contract to Make a Will – where people have entered into a binding contract to make their Will in a certain way and then one of the parties makes a Will which is different to the contract.