Contesting a Will Gold Coast
Defending and Contesting a Will on the Gold Coast
If you have been unfairly provided for in a Will, or have good reason to believe a Will is invalid – either due to the influence of a third-party or lack of testimonial capacity – we can help you with contesting a Will on the Gold Coast.
Likewise, if you are the executor of a deceased estate and have received a proposal for a claim against the estate, Bridge Legal can assess the case and may be able to reach a settlement outside of court.
Bridge Legal provides expert legal advice, support, and mediation for disputed deceased estate claims of any size or type. We can also assist you with other estate matters such as obtaining a probate and letters of administration.
Who is Eligible to Contest an Estate in the Gold Coast?
Below are the type of applicants the Supreme and District Courts in Queensland recognise in the case of family provision claims:
- Spouse
- Former spouse
- Parent
- Child
- Grandparent or grandchild
- Other person who was financially dependent on the deceased
This coverage also extends to step-relatives (i.e. step-parents, step-children).
In Queensland the family provision legislation states an applicant can submit a claim against an estate if: 1) They did not get anything in the Will, or 2) They did not receive a fair portion of the estate in the context of their relationship with the deceased and the circumstances of the estate.
Do Time Limits Apply?
Yes. The time limit for contesting a Will in the Gold Coast is 9 months after the death of the deceased. But the applicant must give written notice of their intent to submit a claim within 6 months after the death of the deceased.
In some cases the applicant may be able to request a time extension beyond the 9 month limit. If the estate has not been distributed, and the executor has received a notice of intent to submit a claim, they should not distribute the estate until the dispute is resolved.
Will I Have to Go to Court?
Most deceased estate disputes in the Gold Coast are settled through mediation. Clients have peace of mind knowing they do not have to attend court and the process is cheaper, faster and less emotionally taxing.
Confidential meetings are held where both parties present the evidence of their case to an independent mediator. Without choosing sides, the mediator works closely with everyone involved to resolve the dispute and reach a fair outcome.
If the matter cannot be resolved through mediation, Bridge Legal will help prepare you for court and offer representation on your behalf.
Why Choose Bridge Legal
Bridge Legal has a deep understanding of state-specific laws that define how Will disputes are managed in Queensland. Our lawyers will carefully assess the details of your case and determine the likelihood of success.
With over 35 years of experience handling a range of estate disputes, we are confident in our ability to swiftly deal with simple and complex estate matters. Whether you are challenging or contesting a Will in the Gold Coast, we fight on your behalf to reach the most ideal outcome.