Challenging a Will vs Contesting a Will in Qld.
These terms often get confused. However, there are differences between both, making each dispute process distinct.
Challenging a Will in Queensland.
To challenge a will means that you are questioning the validity of the will itself. However, you must have grounds to do so. The grounds to challenge a will include lack of (mental) capacity, the willmaker was put under duress to sign the will, and there was fraud involved in making the will. Fraud in respect of wills usually means that all or part of the will was forged. Proving these grounds will require evidence. For example, mental capacity in respect of a will requires experts to determine whether medical records indicate that the testator or testatrix did not have capacity at the time of making the will.
Contesting a Will in Queensland.
To contest a will means that a person has been left out of a will or that the testator or testatrix (will-maker) did not leave that person enough. If this is the case, eligible people will need to bring a Family Provision Application. They will be required to argue that the will-maker has not made adequate provision for their proper maintenance and support.