If you have been left out of a Will of a person whom you believe should have left you a share of the Estate you will undoubtedly be left feeling hurt, upset and angry. During this very difficult time it is essential that you obtain appropriate advice as to what your options are and whether there is anything that you can do about addressing any unjustness that has been done to you.
In almost every case this will involve consulting a Solicitor to find out exactly where you stand and what your options look like.
Under Queensland law there are strict time frames that are imposed in respect to the rights of a person when they challenge a Will. In the case of a provision application any challenge must be brought by filing an application in the Supreme Court within nine months of the date of the Will maker passing away.
In the case of other applications, quite often an event such as the obtaining of Probate of a Will will render any challenge out of time and thus statutory barred. Given these circumstances it is critical to obtain advice at an early opportunity to ensure that your right to challenge a Will is not lost on account of a statutory time frame.
In many cases it will be capable of negotiating a payment or a receipt of a share of the Estate rather than having to go to court. That said it is more often than not necessary to have an application commenced on your behalf to ensure that your rights are reserved and you protect the limitation dates that exist.
This doesn’t mean that you necessarily need to go to court or appear before a Judge, but simply means that proceedings are on foot to comply with the relevant time frames in case you are not capable of negotiating a settlement with the Executors of an Estate.