Left out of a will? Here’s what you need to know.

If you want to challenge a will, you need to be an Eligible Applicant according to the law at the time the deceased passed away. This usually means that you were a spouse, child or grandchild who depended on the deceased for financial support.

The person who is in charge of the estate (the executor) will let you know if you have been left out or what you have been given in the will.

You have to act fast if you want to challenge a will. The law says that you have only six months from the date of death to give a formal notice to the executor and nine months to start a legal action (a Family Provision Claim). If you miss this deadline, the court may not accept your claim. So you need to talk to a lawyer who knows about wills and estates as soon as you think you have been treated unfairly.

It is not easy to challenge a will by yourself. A good lawyer can help you understand your rights, what you can expect to get, what evidence you need and how to deal with the legal process.

Sometimes, the people involved in a will dispute can avoid going to court by trying to reach an agreement through mediation. This is when a neutral person helps them talk and find a solution that everyone can accept. This can save time, money and stress for everyone.

But if mediation does not work, you may have to go to court. Your lawyer will file a claim with the Supreme Court of Queensland and explain why you think you have been left without adequate provision in will. The court will look at all the facts and decide what is fair and reasonable based on the law and the specific situation of the case. The court will consider things like:

• What the deceased said about why they made the will the way they did
• How close you were to the deceased and if they had any duty or responsibility to look after you
• How big and what kind of property the deceased left behind and what debts they had
• How much money and other resources you and the other people in the will have now and in the future.
• If you or any other person in the will have any physical, mental or intellectual disability
• If you helped the deceased to increase their property
• If anyone else has to support you financially
• How a Family Provision Order would affect the other people in the will

The time it takes to challenge a will can vary a lot depending on how complicated the case is, how busy the court is and if anyone appeals the decision. Some cases may be over in a few months, but others can take a year or more. At Securator Legal, we will always give you a realistic estimate of how long your case may take.

The costs of challenging a will can also vary a lot depending on how complicated and long the case is. You have to pay for legal fees, court fees, expert witness fees (if needed) and other expenses.

Usually, you have to pay for your own legal costs. But sometimes, the parties can agree to have their costs paid from the estate if they settle the case outside of court. Going to court can be very expensive, so it is better for everyone to try to resolve the dispute as soon as possible.

At Securator Legal, we will always be honest and clear with you from the start, so you know how much it may cost to challenge the will and what the likely outcome of your case is. Challenging a will can be emotionally hard, especially when you are grieving. Having the support and guidance of an experienced lawyer will help protect your rights and increase the chances of a favourable outcome.