Challenging a Will

Yes. A will may be challenged in certain circumstances, including where an eligible person seeks further provision from the estate or where there are concerns about the validity of the will.

Eligible persons may include spouses, children, dependents and, in some circumstances, former spouses or other people financially dependent on the deceased.

A family provision claim is a claim made by an eligible person seeking further provision from a deceased estate on the basis that adequate provision was not made for their proper maintenance and support.

Strict time limits apply to estate claims in Queensland. In many family provision matters, notice must be given within six months of death and proceedings commenced within nine months, although exceptions may apply in limited circumstances.

Yes. A will may be challenged if there is evidence that the will maker was pressured or improperly influenced when making the will.

If a later valid will exists, it will generally override any earlier will. Establishing which document is the deceased’s final valid will is often critical in estate disputes.

In some circumstances, courts may recognise informal documents, including text messages, videos or electronic documents, as a valid will if there is sufficient evidence that the deceased intended the document to operate as their will.

Testamentary capacity refers to a person’s legal and mental ability to understand the nature and effect of making a will. A will may be challenged if the will maker lacked capacity at the time the will was signed.