Contesting a Will

Contesting a Will

Contesting a Will.

A legal will may still be contested according to the laws of Queensland in a number of different ways but the most common is when the person making the will has not provided for a person who falls within a prescribed class of persons.
 
In these circumstances, the excluded person can make a claim for provision to be made to them from the estate of the person making the will.
To be able to make a claim against an estate, you need to fall within one of the following classes of persons:
 

  • you need to be a spouse of the person making the will (this includes married, defacto and same sex spouses); or
  • you need to be a child of the person making the will (this includes blood, adopted and step children); or
  • you need to be dependent on the person making the will, which includes parents of this person, the parent of a child of this person who is under 18 or be a child under 18 and be wholly or partially dependent on this person.

 
If you believe you fall within one of the above categories and have not been sufficiently provided for in a will, Please feel free to call us on 1300 428 947 or email us at estates@hatzis.com.au to discuss the laws in Queensland regarding your prospects of making a successful claim or contesting a will.

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