If you have find yourself left out of a Will or left without adequate provision from a family member’s estate, you may be entitled to contest the Will. In Queensland these types of claims are dealt with under the Succession Act 1981 (Qld) (“the Act”) and are referred to as a Family Provision Application.
In order to make a Family Provision Application and be successful you must be an eligible applicant. You will be an “eligible applicant” if you fall within one or more of the following categories:
- the deceased person’s spouse (including de facto and former partners);
- the deceased person’s child (including adopted child and stepchild); and/or
- the deceased person’s dependant (any person who was wholly or substantially maintained or supported by the deceased).
You have nine (9) months from the date of death of the deceased to make a Family Provision Application. Therefore if you believe you meet the criteria of an eligible applicant, please contact our Will Disputes Team to discuss.
Note – each State of Australia has different laws and time frames for contesting a Will. If the deceased died in Queensland the information above is relevant.