Have you been unfairly provided for in a Will?
The death of someone close is a testing time. Contesting a Will can make things even more difficult. But if you believe you’re entitled to more from a deceased estate, we may be able to help.
Even though the law recognises a person’s right to choose who will inherit his or her property, there are often very good reasons why a person should be contesting a Will such as:
A person who has been left out of a Will, or unfairly provided for can make a claim for a larger share of a deceased person’s estate.
Common examples of this include
The type of relationship that an individual has with the deceased leading to a potential claim against the estate continues to expand from state to state.
A lack of “testamentary capacity” can invalidate a will. A beneficiary of an earlier Will can challenge a more recent Will if the deceased person did not have the mental capacity to understand what he or she was signing.
A beneficiary of an earlier Will can challenge a more recent Will if the deceased person was ‘unduly influenced’ by another person to sign a Will that did not reflect that person’s true wishes.
A beneficiary under a Will or trust can apply to the court to remove an executor or trustee who fails to administer a Will or trust properly. The beneficiary can also seek compensation if they suffer financial loss as a result of the executor or trustee’s wrongdoing.
An application can be made to the Supreme Court to rule on the proper interpretation of provisions in a Will. Oral evidence and documents can be put before the Court to assist it in making its judgment.
"John Cockburn is such a down to earth fellow, and extremely knowledgeable in every facet of the law. Grateful to have entrusted the administration of our late parents estate to him. He made the entire process so much easier to endure under difficult circumstances, and always advocated for our best interests. Highly recommended and clearly one of the best lawyers in Brisbane."
"John Cockburn helped in my in a very trying process with my late parents estate. It was a blessing to have his support and guidance on the legal processes and my responsibility as a co-executor. He was my go to person, who always had answers on every matter. I highly recommend seeking John's services for your legal matters as he is a highly qualified professional in the legal field. Thank you John."