Family Estate Disputes. Central Queensland.

Family estate disputes

In a family' deceased estate situation, our team can assist with:­

  • contesting a will

  • challenging a deceased estate by way of a family provision application

  • defending a deceased estate against a challenge by way of a family provision application.

 

It is important to act quickly if you have been left out of a will, there is some irregularity concerning the Will or if you feel that adequate provision has not been made. Strict time limits apply. In this situation, you may be entitled to bring a claim as a family member against the deceased's estate under the relevant Queensland legislation. A family provision claim is when someone contests a deceased persons will in this manner.

 

The law in Queensland, including the Succession Act and specific sections that relate to family provision claims may allow you to contest a Will and the share given to beneficiaries on the basis that it does not adequately provide for the financial needs of family members particularly if there are dependants who were fully or partially financially dependant on the deceased.

 

There are a number of circumstances in which you may be entitled to challenge a will, or make a claim for greater provision from a deceased estate. In particular, you should seek advice immediately if:

  • you were dependent on the deceased and you have not been provided for in their will

  • the provision made for you in the will is not adequate for your needs

  • you believe that the deceased was not of sound mind when they made their last will

  • you believe that the deceased was unduly influenced by one or more beneficiaries named in the Will

  • you believe that the will was procured by fraud or forgery

  • you are named as executor and the will does not provide for a family member or spouse

  • the deceased passed away without a will, or

  • the will is unclear.

 

Any will disputes, contested estates and family provision claims will require a detailed examination of the deceased estate and the surrounding circumstances.

You may be entitled to challenge a will

There are a number of circumstances in which you may be entitled to challenge a will, or make a claim for greater provision from a deceased estate. In particular, you should seek advice immediately if:

  • you were dependent on the deceased and you have not been provided for in their will

  • the provision made for you in the will is not adequate for your needs

  • you believe that the deceased was not of sound mind when they made their last will

  • you believe that the deceased was  unduly influenced by one or more beneficiaries named in the will

  • you believe that the will was procured by fraud or forgery

  • you are named as executor and the will does not provide for a family member or spouse

  • the deceased passed away without a will, or

  • the will is unclear.

 

Any will disputes, contested estates and family provision claims will require a detailed examination of the deceased estate and the surrounding circumstances.

Telephone: 4994 0725

COPYRIGHT ​​​​© 2016 DUFFIELD LAWYERS

ALL RIGHTS RESERVED

 

 

 

Disclaimer:  The information on this website is not intended as legal counsel, and nor should it be considered as such.

Web Design by Limehead

Contact us

 ​​Suite 4, Tannachy Centre,

49 Bolsover Street,

Rockhampton QLD 4700​

Telephone: (07) 4994 0725

Facsimile: (07) 4927 5222