Your Will is the most important document you will likely ever prepare. It tells everyone how you want your estate to be dealt with after your death.
Don’t have a Will? If you don’t have a Will, in Queensland the Succession Act will specify how your estate is dealt with. For example, if you have a spouse and children when you die, your spouse gets $150,000.00 and the household chattels and the rest of the estate is then shared with your surviving children. As you can see, this may not be the outcome you want upon your death.
Wills can be simple or complex documents and we will work with you to find out your needs, risks, financial position and assets so that your Will is prepared in a timely and effective manner.
Make an appointment today to discuss your Will.
Disputing a Will
There are several ways that a Will can be disputed. Examples of grounds for disputing a Will include that the Testator lacked the capacity to make the Will at the time or the Testator’s will was overborne at the time of making the Will.
Another and perhaps the most contentious ground is referred to as Family Provision. A certain class of persons have a statutory right to apply to Court for further and better provision from the estate of a Testator despite what the Testator’s intentions may have been at the time of making the Will. This class of persons include Spouses and children of the Testator.
A Family Provision application must be made within a strict time frame of the Testator’s date of death. Legal advice about bringing a Family Provision application should be obtained shortly after the Testator’s death.
We have experience in advising on the risks of these applications as well as advising on the prospects of success if a party wishes to bring such an application.
Contact us today to find out more or to arrange a consultation with an experienced Townsville Wills Lawyer.