How to Contest a Will?

When contesting a will, a person has the right to file a claim against someone’s will according to the grounds. The courts, on the other hand, have the authority to change a will’s gifts, grant benefits to anybody left out of a will, or declare a will void in its entirety.

If family members, dependents, or relatives believe they have been forgotten or poorly cared for, the law permits them to dispute the will. Wills that are contested are becoming more common. To contest a will in Queensland, an applicant must be a relative of the deceased’s estate. A person who meets one of the following criteria is considered eligible:

• Spouse of the deceased (Succession Act 1981);
• Child of the deceased;
• A dependent of the deceased.

While the criteria of spouse and child are met, any individual who is a “dependent” must be “completely or significantly supported” by the deceased at the time of death. As a result, if you relied financially on the deceased at the time of his or her death, you may be qualified to dispute the will.

What factors does the court take into account?

When deciding on a contested will case, the court may take into account a variety of circumstances. Among them are:

• The beneficiaries’ (and any other claimants’) financial situation;
• The claimant’s relationship with the deceased and the extent of it;
• Any assistance rendered by the deceased during his or her lifetime;
• Any promises or declarations made by the deceased to them concerning how their estate would be divided;
• The claimant’s current quality of life;
• Any contributions they made to the deceased’s estate’s size;
• Any additional matter that the court deems pertinent.

It’s difficult to define “sufficient provision,” and what it entails differs from case to situation.

What are some of the ways a will can be challenged?

Though contesting and challenging a will sounds familiar but they have differences based on the grounds which are:

• Family members and dependents should have been provided for adequately.
• Formalities for creating or changing a will must have been followed.
• The will must accurately reflect the maker’s final testamentary wishes.
• At the time of the will’s creation, the maker must have possessed the legal ability.
• The will has to be free of undue influence from another individual.
• If the person receiving the benefit has supplied valuable consideration, a will maker’s commitment to grant a benefit to them can be enforced against their estate.
• Each provision of a will must perfectly accomplish the provision’s goal.