Estate Litigation

When you hear of somebody contesting an Estate or challenging a Will, it is usually made by an eligible person entitled to contest the Estate or challenge the Will.

Who can challenge a Will?

The categories of persons in Queensland to challenge a Will are limited to:

What is involved?

Each State has different laws relating to people who can make a claim against a Willmaker’s Estate.  In Queensland it is dealt with under Part 4 of the Succession Act 1981 (Qld). Challenging a Will usually refers to a dissatisfied relative of a Willmaker who wants further provision from the Estate.  The formal name for challenging a Will is known as making a Family Provision Application (FPA).

When a dissatisfied relative makes a FPA on an Estate, they, as the applicant, must produce evidence to the Court to show they are worthy of further provision from a Willmaker’s Estate. 

Contesting an Estate is emotionally stressful and draining for all parties involved and is usually very expensive.  In most cases the Estate ends up paying or the Court orders it to pay the costs of the Estate Litigation.

With proper Estate Planning, a Willmaker can eliminate or at least reduce the risk of a relative commencing an FPA after their death.

Appropriate Estate Planning can help to ensure your Estate is not contested following your death and also is administered and managed in a cost effective manner.

Contact our Estate Planning Specialist for advice on your Wills, Family Trusts and Superannuation to eliminate the risk of a costly and emotional Contested Estate following your death.

Contact our Litigation Team TODAY!

Litigation News

See attached news articles by OMB for more information and recent developments in this area of law: