Navigating Will Disputes: A Guide to Finding the Best Will Dispute Lawyers in Brisbane
Understanding Will Disputes
What is a Will Dispute?
A will dispute occurs when someone contests the validity or provisions of a will, often due to concerns about the will maker’s capacity, undue influence, or inadequate family provisions.
These disputes can be complex and emotionally challenging, requiring the expertise of a skilled will dispute lawyer and must be brought within strict time limits.
- Disputes can arise among family members, beneficiaries, or executors, and may involve a legal matter such as grant of probate proceedings, estate litigation and family provision claims.
Grounds for Contesting a Will
Family Provision Claims
A family provision claim is a type of will dispute that involves seeking adequate provision from the estate of the deceased for an eligible person with inadequate provision and in financial need.
This can include situations where a family member or dependent (including an adopted child) was not adequately provided for in the will.
There is a time limit from the deceased’s date of death for the legal action for the assets of estates, in Queensland, notice must be given within 6 months and the claim started within 9 months.
- A will dispute lawyer can help determine whether a family provision claim is viable and navigate the process of seeking adequate provision.
Lack of Capacity
A will can be contested by family members if the will maker lacked the mental testamentary capacity to make informed decisions about their estate.
This can include situations where the will maker was suffering from dementia, Alzheimer’s disease, lacked a sound mind, or other conditions that impaired their cognitive abilities and legal capacity.
- A will dispute lawyer can help determine whether the will maker had the necessary capacity to make a valid last will.
Undue Influence
A will can be contested if it was made under undue influence, where someone exerted pressure or coercion on the will maker to make certain decisions.
This can include situations where family members, domestic partners, a caregiver, the executor or other individuals took advantage of the will maker’s vulnerability.
- Will dispute lawyers can help investigate allegations of undue influence and determine whether the will is valid.
The Will Dispute Process
Family Provision Claims
If you feel that you have been left out of a will or feel you were inadequately provided for and are an eligible person, you may be able to claim a share or a larger share from the estate of a deceased person.
- Our will dispute lawyers will assess your claim and let you know if it is valid.
- We will contact the personal representative of the estate to try to reach an agreement.
- We can bring the application to the court to start proceedings to ensure you get a fair outcome.
- We will engage in negotiations and mandatory mediation to attempt to resolve the matter with a Deed that binds all of the parties to the agreement.
- We can advocate for you in court and ensure your facts and evidence are presented properly.
Challenging the Validity of a Will
Challenging the validity of a will involves contesting the will’s authenticity, signature, or other formalities and may be part of the grant of probate process.
This can include situations where the will was not properly signed, witnessed, or written.
- Our will dispute lawyer can help family members navigate the process of challenging a will’s validity.
Alternatives to Court
Mediation and Negotiation
Mediation and negotiation can be effective alternatives to court proceedings in will disputes.
- A will dispute lawyer can help facilitate mediation and negotiation between the executor and the beneficiary to resolve disputes without the need for court appearances.
- This can help reduce legal costs and minimize the emotional impact of a will dispute.
Going to Court
Supreme Court Proceedings
If a will dispute cannot be resolved through mediation or negotiation, it may be necessary for the executor and the applicant to proceed to court – note the time limit in bringing the application.
A will dispute lawyer can help navigate the process of Supreme Court proceedings, including preparing evidence, witnesses’ affidavits and submissions to ensure you present a valid claim.
The court will consider all the circumstances of the case and make a decision based on the evidence presented.
Working with a Will Dispute Lawyer
How to Find the Best Will Dispute Lawyers Brisbane
When searching for a will dispute lawyer, it’s essential to find someone with experience in will disputes and estate litigation, whether you are the executor or the family member making the claim.
Look for a lawyer who is a member of a reputable law firm and has a strong track record of success in getting a fair share in will disputes under the Succession Act legislation.
- Consider factors such as legal fees, communication style, and expertise in will disputes.
What to Expect from a Will Dispute Lawyer
A will dispute lawyer can provide expert advice and guidance for the formal requirements throughout the will dispute process.
They can help determine the best course of action, prepare evidence and submissions, and represent you in court proceedings.
A will dispute lawyer can also help manage fees and ensure that you receive adequate provision from the estate using their extensive experience in the field.
Managing Legal Fees
Understanding Fees and Outlays
Legal fees can be a significant concern in will disputes, and it’s essential to understand how they are structured.
A will dispute lawyer can help explain the fee structure and provide guidance on managing legal costs.
- Consider factors such as win-no-fee arrangements, hourly rates, and fixed fees.
Conclusion
Navigating Will Disputes with Confidence
Navigating a will dispute can be complex and emotionally challenging, but with the right guidance, an eligible person can achieve a successful outcome balanced with the other beneficiaries.
A will dispute lawyer can provide expert advice and representation throughout the process, helping you to navigate the legal system with confidence.
By understanding the grounds for contesting a will, the will dispute process, and alternatives to court, you can make informed decisions and achieve a fair outcome.
Do you need help contesting a will in QLD?
If you would like a free initial consultation to discuss your particular circumstances, you are invited to make a free booking via this page or fill in the form below.
