The death of a loved one is an emotionally difficult time, made even more complex when there are questions about their will. While a will is intended to be the final word on a person’s wishes, the law in Queensland recognises that there are legitimate circumstances where a will can and should be challenged. At Geldard Sherrington Lawyers, we understand the sensitive nature of these disputes and can help you navigate the legal process on the Sunshine Coast.
Undue Influence or Duress
One of the most common grounds for challenging a will is undue influence. This occurs when someone coerces or pressures a person into making a will that doesn’t reflect their true intentions. This is not just about a family member being persuasive; it’s about someone taking advantage of the will-maker’s vulnerability, such as their age, illness, or mental state, to gain a benefit. Similarly, if a will-maker signs a document under duress or threat, the will can be deemed invalid.
Lack of Testamentary Capacity
For a will to be valid, the person making it must have had testamentary capacity. This means they must have been of sound mind, memory, and understanding at the time they signed the will. They must have been aware of their assets, understood the effect of the document, and known who the beneficiaries were. If evidence shows the will-maker suffered from dementia or a severe illness that impaired their judgment, someone can challenge the will on those grounds.
Family Provision Claims
Even if a will is technically valid, Queensland law allows for family provision claims. This is where a person left out of a will, or not adequately provided for, can ask the court for a share of the estate. Eligible parties typically include a spouse, de facto partner, child, or even a dependent. The court considers the applicant’s financial needs and the size of the estate to decide if a fair provision applies.
Navigating the Process
Challenging a will is a complex legal process that requires strong evidence and a deep understanding of Queensland’s Succession Act. It’s crucial to seek legal advice promptly, as there are strict time limits for making a claim. If you believe a will is unfair or invalid, it’s essential to speak with an experienced lawyer – like our specialist team at Geldard Sherrington Lawyers. We can assess your case and guide you through your options with sensitivity and expertise.
Email or call us on 07 4194 5422 to book a consultation, or visit us at Unit 1/43 Hunter St, Pialba, QLD 4655, Australia. View our services online.
