Challenging or Disputing a Will

 This information may be useful if:

 

1.    You are in the process of preparing your own Will and wondering:

• can make my Will “challenge-proof”?
• can a cut a child out of my Will?
• can I give most of my estate to a charity?

 

2.   You are an executor and are concerned a disappointed family member is, or might feel, aggrieved with the terms of the Will (or unfairly left out of the Will);

 

3.    You have been unfairly left out of a 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”. What is important is that you seek to take advice as early as possible as strict time limits do apply. We have written in our Legal Resource Centre about 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. They are listed with links below. There may other avenues available to you in your circumstances as well.

 

1.                  Family Provision application; and

 

2.                  Section 33 Will Rectification application.