Losing a parent, or step-parent, is a difficult and an emotional time in your life. What if you were not included in the will of your parent or step-parent? What if you were left only with a small part of what you thought you were going to receive? What if your parent’s or step-parent’s estate has been left entirely to one person?
You may be entitled to fight for your fair share of the estate. These are common situations which Quinn & Scattini Lawyers’ expert estate dispute lawyer, Kylie Shaw, sees every day and in which she works with clients to fight for their right to their fair share of the estate.
Contesting a will is not as simple as sending a letter. There are a range of considerations and issues that must be attended to do when contesting a will.
Kylie briefly outlines below the will contest process, including important time limits that must be met to ensure a claim is successful:
“The decision to contest a will can be a difficult and emotional one to make.
Careful consideration needs to be given to your prospects of success when contesting a Will.
If you are eligible and have been left out of a will or have not been adequately provided for, an application to the court, known as a Family Provision Application, can be made on your behalf.
In Queensland, there are strict time limits for bringing a Family Provision Application.
You must provide written notification of your intention to make a claim to the executor of the deceased’s will within 6 months after the date of the deceased’s death.
Court proceedings must then be filed and notified to the executor within 9 months after the date of the deceased’s death.
If you do not comply with these time limits, you may lose your ability to bring a Family Provision Application.
Other jurisdictions have different time limits.
Before considering bringing an application, we recommend that you obtain professional legal advice”.
With a range of issues that need to be expertly addressed and time limits that cannot be missed, it is vital that you engage an expert wills lawyer who has proven experience in getting clients their fair share.
Kylie has proven experience in contesting wills and is ready to assist you to get you fair share.
If you are concerned about funding a legal case, we offer “no win, no fee” in approved cases.
How We Can Help
Quinn & Scattini Lawyers have assisted countless clients fight for their fair share.
Our experienced estate dispute lawyers get the best possible result, each and every time.
We provide 5 star customer service to our clients.
As 1 of our clients said “Invest in the best. Q&S“.
We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.
This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.