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.
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.
Donnie Harris Law can help:
Donnie Harris is an Accredited Specialist in Business Law (Qld) and has experience in delivering quality legal services to business owners throughout Queensland.
Liability limited by a scheme approved under the Professional Standards Legislation.
Website by Mitchell Creative