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Contesting or challenging a Will in Queensland is also referred to as:
- an FPA or a family provision application;
- a TFM or a testator family maintenance claim (a name more commonly used in NSW or Victoria);
- disputing the Will;
- challenging the Will;
- contesting the Will.
Basically, contesting a Will means launching a claim against the estate of a deceased person arguing that:
- you should receive more from the deceased person’s estate; or
- (if you have been completely written out of the Will) arguing that you should receive something.
These particular claims are brought under a specific piece of legislation referred to as “Family Provision Claims” in Queensland.
There are many other types of litigation involved with Wills including arguments about whether a Will is valid or not.
This page will summarise the things involved in contesting a Will.
Why challenge a Will?
There are many reasons why people have been written out of Wills and why they want to contest the Will. The reasons for contesting are varied and include:
- they need the inheritance to live and survive;
- they feel that it is morally appropriate that they should receive an inheritance as a member of the family;
- the parent wasn’t in their right mind when they cut the person from their Will;
- the parent was under influence and removed the person from the Will when they otherwise wouldn’t have.
Family is complex, complicated, bitter, beautiful and wild. Every Will dispute that we see has unique aspects and intervention on a legal level is necessary to attribute some fairness to the proceedings.
Who can challenge a Will?
Under the relevant law, only an eligible person can can contest a deceased person’s estate. An eligible person is someone who is:
MEET OUR TEAM.
David Lipke
David Lipke is a partner of our Rockhampton firm overseeing the litigation and insurance division in the firm. His experience includes work in institutional claims, workers compensation and motor accident claims.
Terry Tummon
Terry Tummon is a partner of the firm overseeing the family law division. Terry’s experience includes dealing with property settlement and litigation matters.
Robert Rooney
Robert Rooney is a partner of the firm overseeing the commercial & business, property, wills & estates division. His experience includes commercial transaction and advisory work.
Katina Perren
Katina Perren is a solicitor of the firm, Independent Children’s Lawyer and Separate Representative. Her experience includes work in custody, separation, divorce and property settlement matters.
Nicola Goodwin
Nicola Goodwin is a solicitor of Swanwick Murray Roche practicing in family law, divorce and separation matters, parenting disputes and court applications for family matters.