There is a common misconception that your Will is binding. In Queensland, this is simply incorrect. A Will may represent the deceased person’s final wishes however, that Will is only followed if there is no claim made against it.
Wills are challenged or contested for all sorts of reasons, whether it be a belief that the deceased person was pressured or coerced into signing it, or the deceased person did not have capacity to understand the Will they signed, or perhaps the Will was signed under fraudulent circumstances… or simply that the people left behind don’t agree with the deceased’s wishes.
In Queensland, a person challenging a Will must have an interest in the estate. These people include a person named as a beneficiary or executor of the last Will or an earlier Will of the deceased person, or a person who would be a beneficiary under Queensland’s laws if the person died without a valid Will.
‘Contesting’ a Will is quite different from ‘challenging’ a Will. Contesting a Will is simply when a spouse, child or dependant of the deceased wishes to contest the provisions of the Will due to their view that they have been inadequately provided for.
The first step to either challenging or contesting a Will, or defending a claim against a Will, is to retain an experienced estate lawyer.
McNamara Law have a team of lawyers who practice exclusively in the wills and estates space, with Director, Rebekah Sanfuentes, being an expert in estate litigation.
If you require assistance in bringing a claim, or defending a claim against a Will then call McNamara Law today on 1300 285 888.
McNamara Law wishes all the readers a safe and happy Christmas season.
Rebekah Sanfuentes
Legal Practice Director
