If contest will brisbane believe that you should receive more from the estate of a deceased loved one than what is provided for in their Will, you may wish to file a family provision claim. A successful claim will depend on the evidence you can provide, which could include verbal or written promises made by the deceased, contributions you have made towards their assets and liabilities, and financial data. It is also possible to contest the heirlooms of the deceased, including land and property, cash, investments and other valuable items.

To be eligible to make a claim you must have been dependent on the testator in some way before their death, and that dependency should have continued for some time. For this reason, claims are commonly filed by spouses, de facto partners, children and siblings of the deceased, and parents of a child who was legally adopted. To prove this you need to present evidence such as medical or psychological reports, financial documents, bank statements and any other relevant information you can obtain.

Contesting a Will: How Specialist Lawyers Can Help

A family member or close friend can contest a will by filing a Family Provision Application in the Supreme Court. This is when they argue that the testator had a moral obligation to provide them with adequate maintenance and support and that the distribution of their estate does not fulfil this duty. A successful claimant will be awarded a share of the estate or a greater amount than what they received under the Will. In some circumstances, the court may award legal expenses associated with the claim as well.