Facing Inheritance Disputes in Queensland? Let's Talk.

Contested inheritance can bring uncertainty and stress during what is already a challenging time. The complexities of Queensland's inheritance laws require a guiding hand to navigate successfully. Alex Mandry Legal Group is committed to providing clarity and support, ensuring your rights and interests are protected.

Understanding Contested Inheritance in Queensland

Contesting a will in Queensland involves several legal grounds, including questions about the will's validity, the interpretation of its terms, or whether adequate provision has been made for certain family members or dependents. This process is governed by the Succession Act 1981 (Qld), which outlines who can contest a will, under what circumstances, and the time frames involved​​.

Grounds for Contesting a Will

  • Validity of the Will: Challenges based on whether the will was the last known testament of the deceased, concerns over the testator's mental capacity, or unauthorised alterations post-signature.
  • Interpretation Disputes: Disagreements over the meaning of specific terms within the will that may affect the distribution of the estate.
  • Family Provision Claims: Applications for provision from the estate by close family members or dependents who were inadequately provided for or entirely omitted from the will​​.

Key Considerations

  • Timing is Crucial: Applications for family provision claims must be made within specific time frames from the date of death to be considered by the court.
  • Eligibility to Apply: Spouses, children, and dependents of the deceased have the right to apply for a family provision claim, with the court considering each case on its individual merits.

Why Choose Alex Mandry Legal Group?

  • Expert Guidance: Led by Sandra Sinclair, our team has extensive experience in family law and contested inheritances, providing you with knowledgeable and empathetic support.
  • Comprehensive Support: From evaluating your claim to representing you in court, we're with you at every step, ensuring the best possible outcome.
  • No-Obligation Consultation: Start with a free 15-minute consultation to discuss your case and understand your legal options.

Take the First Step Today

If you're dealing with a contested inheritance in Queensland, let Alex Mandry Legal Group help you navigate the legal complexities. With our expertise and personalised approach, we'll work tirelessly to represent your interests and achieve a fair resolution.

Contact Us Now for Your Free Consultation

Frequently Asked Questions

Q: “What are the grounds for contesting a will in Queensland?”

A: You may contest a will in Queensland if you believe the will is not valid due to reasons such as it was not the last will made by the deceased, the deceased did not have the mental capacity to make a will, or if you believe the will does not properly provide for you as a close family member or dependent. Challenges can also arise from disputes over the interpretation of the will's terms or if the will was improperly executed​​.

Q. “Who is eligible to contest a will?”

A: In Queensland, the following individuals may be eligible to contest a will:

  • The deceased's spouse, including a former spouse who was receiving or entitled to maintenance at the time of death.
  • The deceased's children, including stepchildren, adopted children, and those born outside of marriage.
  • Any person who was financially dependent on the deceased and is a parent of the deceased, a parent of a surviving child under 18 years of the deceased, or under 18 years old themselves​​.

Q: “What is the time frame for contesting a will?”

A: For family provision claims in Queensland, you must notify the executor of your intention to make a claim within six months from the date of death. The legal action must then be commenced within nine months of the date of death. It's critical to act within these time frames to ensure your claim is considered. Extensions may be granted by the court under certain circumstances, but these are not guaranteed​​.

Speak to a Contested Inheritance Solicitor in Sunshine Coast now


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