Families Divided Over Will Disputes

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Home > Blog > Families Divided Over Will Disputes

Cairns Wills and Estate Lawyers is part of Preston Law, an independent Cairns law firm.

When it comes to contesting a Will, Cairns Wills and Estate Lawyers will help you deal with any estate disputes as efficiently and amicably as possible.

The loss of a loved one is a difficult and stressful time and made more so if there is a Will involved.

There are times when family members believe that their share of a Will is unfair or that someone has influenced the person making the Will.

This is a time when families can be divided and involved in bitter disputes.

Families need to be able to deal with the grieving process of a loved one without the added distress of a dispute.

[h2] Cairns Will Disputes

Cairns Wills and Estate Lawyers will help you deal with any estate disputes as efficiently and amicably as possible, whether you are making a claim about the terms of a Will or acting on behalf of an estate in dispute.

The lawyers at Cairns Wills and Estates will offer clear, straightforward advice and assistance including:

1.Eligibility to contest a Will
2.Family provision claims
3.Capacity to make a Will
4.Challenging the validity of a Will
5.Undue influence
6.Defending claims against estates
7.The validity of a Will.

[h2] Five Common Will Claims or Dispute Types:

1.A Provision Claim, this is when someone feels that they have been unfairly left out of a Will or that their portion was not enough.
2.An Interpretation Dispute, which is when there is confusion regarding the meaning or interpretation of a Will.
3.A Capacity Dispute, is when the person who made the Will was suffering from a mental impairment at the time they made their Will and may not have properly understood it’s meaning and effect.
4.An Undue Influence Dispute, if another person influenced the maker of the Will to deal with their estate in a certain way (which they would not have otherwise done).
5.An Executor Dispute, if an Executor acts inappropriately in respect to the administration of an estate.
The conduct of the Executor may need to be challenged, or the Executor may need to be removed.

[h3] Get The Right Advice Without Delay

There are strict time limits that apply to contesting a Will. Notice of intention to make a provision application needs to be given within six months after the date of death and the application itself needs to be filed with the appropriate Court within nine months of the date of death. Delays can be costly – speak to us today to find out where you stand.

Call us to speak to a lawyer or
to arrange an obligation free initial consultation on

4052 0700