Challenging a Will vs Contesting a Will in Qld.

These terms often get confused.  However, there are differences between both, which makes each of these dispute processes 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, there was fraud involved in making the will.  Typically, 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 and will be required to argue that the will-maker has not made adequate provision for their proper maintenance and support.

If you are interested in contesting a will or challenging a will in Queensland, then contact Ben Waldeck, a will litigation lawyer who assists people in disputes involving estates and to contest a will of a loved one who has passed away.