The law provides that certain parties have a right to challenge a will if they are of a suitable standing and can establish that inadequate provision has been made for them. Further, if someone believes that a will was made by a person who did not have testamentary capacity (not mentally sound) or the will was made under duress, then again wills can be challenged.
You may feel that you have been unfairly treated under a will and as a consequence have been left in a perilous financial position. Alternatively, you may feel that the deceased had been taken advantage of at the time the will was signed and either did not have mental capacity to make the will or was forced to make the will under duress. In these situations you may well have a claim to set aside the will and have the Court make an appropriate ruling on how the distribution should be made.
Claims of this nature however are not straight forward. There are time limits that are attached to them so it is important to seek legal advice as soon as possible. Southside Legal Gold Coast can assist you if you feel you have been unfairly treated in a will or you suspect there has been some interference with the deceased at the time of making the will.
Please do not hesitate to send us a free ‘no obligation’ enquiry by clicking on the ‘quick enquiry form’ that is found on the right hand side of this page. We will get back to you quickly.