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Family Provision Claim QLD
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Contesting a will in QLD, also known as making a family provision claim, happens when you wish to seek a
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further or better provision in a deceased person’s estate. If you are an eligible applicant, you can contest a will if you have not been adequately provided for in a will or have been left out entirely. The wills and estate lawyers at Queensland Probate can help determine whether you can make a family provision claim. We will also assist you until you receive the best possible outcome.
At Queensland Probate, we offer costeffective and easily accessible online services. Our team believes that everyone should have access to the highest quality of legal services. So, we aim to assist you in any way we can.
All About Family Provision Claims In QLD A family provision claim in QLD is available for eligible people such as; • The deceased’s spouse • Children • Dependents The eligible party must present the executor with a written notice within six months of the date of the death, and as a family member, a family provision application. The notice must contain all
details required by law.
Challenging Wills Challenging the validity of a will happens if you believe the will is fraudulent, undue influence was impressed upon the willmaker, or the deceased lacked the mental capacity to create the will. The court can reinstate your original entitlement from an earlier will if you prove that the last will is invalid. The eligible party must then file a family provision application.
Factors Considered In The Family Provision Claim In QLD If you are eligible to make a family provision claim in QLD, the court will consider several factors in determining your case, including; • Obligations or responsibilities owed by the deceased to the applicant • The value and location of the deceased’s property • The financial circumstances of the applicant • Any physical, intellectual or mental
disabilities • The deceased’s wishes • The applicant’s age • Any contribution by the applicant which increased the value of the estate • The applicant’s character and the relationship with the deceased • The applicant’s needs Being an eligible person does not mean you are automatically entitled to a share of the estate. You must prove to the court that you meet other requirements allowing for a more significant provision.
Are you an eligible person and wish to make a family provision claim in QLD? Call us today. Contact Us
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