Challenging a Will
It is common for people to be concerned with how a Will might be “challenged” or "disputed" after death.
This information will be relevant to you if:
1. You are in the process of preparing your own Will and wondering if there is anything you can do to make your Will “challenge-proof”;
2. You have been tasked with the responsibility of administering the Estate of a recently-deceased loved one as an executor and are concerned a disappointed family member is, or might feel, aggrieved with the terms of the Will;
3. You have been unfairly left out of a recently-deceased loved one’s Will and want to know what types of “challenges” can be made; or
4. You believe a recently-deceased loved one’s Will does not reflect his or her intentions.
The initial point to make is that, contrary to what you might have heard, there is no general or unfettered right to “challenge” or "dispute" a Will. The starting point is that individuals are almost always entitled to deal with their estate by Will in whatever manner they see fit.
There are limited avenues open, however, for a Will to be “challenged”. This information will look at two types of applications that can be made to a Court in Queensland which may have the effect of “challenging” or altering the plain words of the Will; namely:
1. Family Provision application; and
