Estates are often challenged by people who believe there is reason to doubt the document's validity, making will disputes more common than most people think.
A will is classed as a crucial legal document that outlines your wishes regarding the distribution of your assets, property and dependents after your death. In comparison, estate plans are much more intensive regarding medical, financial and business affairs, and state your wishes as to what happens next should you become incapacitated and are unable to make your own decisions.
However, even if you have a will or an estate plan in place, disputes can still dispute the terms if they feel that there is any reason to question the contents, terms or validity of the document, which is when will disputes can arise.
What Is A Will Dispute
When wills or estate plans are challenged, it’s usually due to one or more of the below concerns:
Doubts regarding the deceased’s mental capacity at the time that the will was actioned
Doubts about whether the will was signed and witnessed properly
Doubts about whether the deceased fully understood the ongoing effects of the will
Disputes regarding the portions issued from the division of an estate
Any indications that parts of the will were changed after the deceased signed it
Any indications that the will in question was not the most recent will of the deceased
Power of attorney mismanagement, including unauthorised transfer of assets
Sections or the entirety of the will is unclear or cannot be comprehended
In Queensland, the law allows family members or dependents to pursue legal action for estate collection if they suffer hardship due to being overlooked or inadequately provided for in a will.
More often than not, any will disputes are usually settled before it reaches the court date, usually via a Mediation Conference.
Where To Source Help With Will Disputes
Queensland laws surrounding will disputes require written notice must be given within six months, and legal action commenced within nine months of the date of death. To get started, collect relevant information as best you can include a list of estate assets, a list of surviving dependants and particulars of your relationship with the deceased.
JDS Lawyers are a boutique law firm with offices based in Brisbane and the Sunshine Coast. We recognise that our success is dependent upon our ability to meet the needs of our clients in a timely, efficient and professional manner. Our goal is always to achieve realistic, cost-effective and practical solutions for our clients.
If you’re in the early stages of planning ahead regarding the future of your financial assets, it’s always worth speaking to the professionals. To get started with estate planning or will disputes, contact John and the team at JDS Lawyers today - your future self will thank you for it.