The importance of making a will cannot be overstated, especially for people who wish to distribute their assets in a way that is most suited to their family and loved ones. Our expert wills and estate lawyers Brisbane at QLD Estate Lawyers can assist you with creating a legally binding document that ensures your wishes are respected and carried out as closely as possible.
Contesting a Will or Challenging a Will
When a person dies without leaving a will, the deceased’s assets are divided according to the rules of intestacy. This can cause complications between family members and is not a desired outcome for any of the dependants. If a family member or dependant feels that the distribution of their loved one’s assets is unfair, they can bring a claim for further and better provision from the deceased’s estate known as a Family Provision Application (also called a “Challenge to Will”) to the Supreme Court of Queensland.
Probate and Deceased Estate Administration
The personal representative of a deceased person (usually an executor or administrator) must administer the estate in a manner that protects the assets until they can be passed on to their beneficiaries. This means accounting for the estate’s assets and liabilities, paying debts as directed by either the will or state legislation, and then allocating the residual estate to the beneficiaries.
This can be a complex process and requires the expertise of a legal professional, especially when it comes to dealing with estate disputes or challenges that can arise from a will dispute. It is often necessary to engage the services of probate and deceased estate lawyers in order to ensure that the correct processes are followed and that all the assets of the deceased are dealt with in a timely and efficient manner.
Our expert wills and probate lawyers Brisbane are available to provide the assistance you need in obtaining a grant of probate for your loved one’s estate. If you think that your loved one’s will is not in line with their wishes and there are reasons why you believe it is not valid, it may be necessary to consider whether a claim for further and better provision can be made under the Succession Act. This is commonly referred to as a “Family Provision Claim”.
