Can your Will be Challenged after you die?  Contesting a Will and Family Provision Applications Explained

Can your Will be Challenged after you die? Contesting a Will and Family Provision Applications Explained

A common question that is asked is whether estranged family members or step-children may be able to challenge their entitlements under a will. Although challenging the will usually comes after death, it is important for anyone making a will to understand:who is entitled to challenge a will; and whether the challenger may be successfulThis will assist a maker to understand the implications when drafting their will. How to Challenge a Will If a person intends to challenge their entitlement, or lack thereof, under someone’s will then they will make a Family Provision Application to the Court. Not everyone can make a Family Provision Application and Queensland succession laws restricts who is entitled to make such an Application via the following three categories:the deceased’s spouse (not just a husband and wife, it can also be a de facto partner or the deceased’s former husband or wife or partner); the deceased’s child (biological, unborn at the date of death, adopted or step-child); and a dependent of the deceased (this includes anyone who has been wholly or substantially maintained by the deceased at the date of death but common examples include the deceased’s parent or a parent of the deceased’s child).…

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