Contesting a Will / Family Provision

Australian succession laws of each state enable certain eligible people to contest the terms of a will (or intestacy, if there is no will).  Queensland’s Succession Act 1981 enables the spouse, child (including step-child) or dependant of a deceased person to make an application to the court for an order that provision be made for the person’s proper maintenance and support. 

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What is proper maintenance and support will differ in each matter, but the courts apply a general 2-step approach – Firstly, has the deceased left inadequate provision for the applicant?  If the answer to that question is ‘yes’, then the court moves to the second stage of determining what provision ought to be made for the applicant.  Determining what provision ought to be made is up to the discretion of the judge, and is generally influenced by a very wide variety of factors such as the applicant’s age, their financial means and responsibilities, their health, the size of the deceased’s estate, the totality of the relationship between the deceased and the applicant, as well as the competing claims of other beneficiaries among many other factors.

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There are strict timeframes applicable to contesting a will, and so if you believe you’ve been unfairly left out of a will of a spouse, parent or step-parent, then it is imperative that you get detailed legal advice at an early stage so your rights and entitlements can be protected.  In that situation, please contact Ashton Estate Lawyers for a free 15-minute telephone conversation regarding your rights and entitlements.