Estate Litigation

Wills and estates are increasingly subject to challenges and claims.  Death, emotion and inheritances combined often gives rise to disputes.  These disputes add stress and pressure in already difficult circumstances.

At Wallace & Wallace Lawyers we are committed to providing practical, realistic advice in estate dispute scenarios.  Where possible, we will support and assist you in attempting to maintain family relationships in the negotiation and dispute resolution process.   Where a resolution cannot be achieved without Court intervention, we can represent you in Court proceedings.

Estate Litigation Timeframes in Queensland

If you are considering contesting a Will, making a family provision claim, challenging the validity of a Will or disputing the actions of an executor, it is important to understand the applicable time limits. Estate claims have strict deadlines, and waiting too long may affect your legal rights.

Wallace & Wallace Lawyers assist clients with estate disputes and estate litigation in Mackay, Moranbah, the Whitsundays and surrounding regions of Queensland.

How long do you have to contest a Will in Queensland?

There is no single time limit that applies to every type of Will or estate dispute in Queensland.

For a family provision claim, important timeframes apply under the Succession Act 1981 (Qld).

Generally:

• An eligible person intending to make a family provision application should give the deceased's personal representative written notice of their intention within 6 months of the date of death.
• A family provision application made to the Court needs to be commenced within 9 months of the date of death.
• In some circumstances, the Court may allow a family provision application to be made after the 9 month period. However, an extension is not automatic and the Court's discretion will depend on the circumstances of the particular case.

If you believe you may have grounds to make a family provision claim, you should obtain legal advice as soon as possible rather than waiting until the deadline approaches.

What is a family provision claim?

A family provision claim is an application made by an eligible person who believes they have not received adequate provision from a deceased person's estate for their proper maintenance and support.

Whether someone is eligible to make a claim depends on their relationship with the deceased and the circumstances of the estate.

Family provision claims can involve disputes between beneficiaries, family members and the deceased person's estate. The Court considers the circumstances of the individual case when determining whether further provision should be made.

Can you challenge a Will after 9 months?

Potentially, but you should not assume that a claim can be brought after the usual 9 month period.

The Queensland Supreme Court has discretion to permit a late family provision application. The fact that a person has missed the usual deadline does not mean an extension will automatically be granted.

The circumstances surrounding the delay, the position of the estate and other relevant factors will be considered by the Court.

If the 9 month deadline is approaching, or has already passed, obtain legal advice immediately.

How long do you have to challenge a Will in Queensland?

The answer depends on what you mean by "challenge a Will".

A dispute may involve:

• Family provision – claiming that the deceased's Will did not make adequate provision for an eligible person.
• Lack of testamentary capacity – alleging that the deceased did not have the required mental capacity when the Will was made.
• Undue influence – alleging that the Will was made as a result of improper influence.
• Fraud or forgery – disputing whether the Will is genuine or was properly made.
• Construction or interpretation – seeking the Court's determination about the meaning of provisions in a Will.
• Executor disputes – challenging decisions or conduct of an executor or administrator.
• Estate asset disputes – disputes concerning property or other assets forming part of, or claimed by the estate.

Different legal rules and limitation periods can apply to these types of disputes.

For this reason, there is no universal "time limit to contest a will" in Queensland. The appropriate timeframe must be considered based on the particular nature of the dispute.

What happens if an estate is distributed?

The distribution of an estate can affect the position of someone who later seeks to make a claim.

Executors and administrators have responsibilities when administering a deceased estate, including dealing with debts, assets and obligations to maximise the estate for the benefit of the beneficiaries. In some circumstances, an executor may be able to distribute estate assets after relevant statutory periods have passed.

If you believe you may have a claim against an estate, it is therefore important to raise the issue before the estate is distributed where possible.

Early legal advice can help identify potential claims and determine whether steps should be taken to protect your position.

Estate litigation and deceased estate disputes in Queensland?

Estate litigation can be complex, particularly where family relationships have broken down or there is disagreement about the deceased person's wishes.

Our lawyers can assist with a range of deceased estate disputes in Queensland, including:

• contesting a Will;
• challenging a Will;
• family provision claims;
• disputes between beneficiaries;
• executor and administrator disputes;
• disputes concerning estate assets;
• will interpretation and construction;
• concerns about testamentary capacity;
• allegations of undue influence; and
• other disputes concerning the administration of a deceased estate.

We provide practical legal advice based on the circumstances of your matter and the applicable Queensland legislation.

When should you obtain legal advice about an estate dispute?

If you are considering contesting a will or making a claim against a deceased estate, it is best to seek legal advice as early as possible.  You should consider obtaining advice if:

• you have been left out of a Will;
• you believe you have not received adequate provision from an estate;
• you are concerned that a Will does not reflect the deceased's true intentions;
• you believe the deceased may not have had testamentary capacity;
• you suspect undue influence or other improper conduct;
• you are an executor facing a dispute with a beneficiary; or

you are concerned that an estate may be distributed before your position is addressed.

Estate Litigation Lawyers in Mackay, Moranbah and the Whitsundays

Wallace & Wallace Lawyers is an experienced Queensland law firm assisting clients with Wills, estates and estate disputes throughout Mackay, Moranbah, the Whitsundays and surrounding regions.

Our lawyers can help you understand your legal position, the timeframes that may apply and the options available to resolve an estate dispute.

Contact Wallace & Wallace Lawyers to discuss your deceased estate or Will dispute with our experienced legal team.