It’s important to be able control how your estate is distributed after your death, so people generally create a Will, instructing their executors about how to divide their property. However, it is possible for certain people to challenge your Will. This often results in lengthy legal proceedings, the costs of which are usually paid for out of your estate funds, reducing the benefit that your intended beneficiaries will receive. Therefore, it is important to consider who may have legal standing to challenge your Will, so that you can structure your Will and other estate plans to avoid such challenges. This will ensure your estate is not diminished by legal fees, and is distributed according to your wishes.

In Queensland, the Succession Act 1981 (Qld) establishes the framework for people to bring claims against estates for further and better provision – commonly called Family Provision Applications (or Testator’s Family Maintenance applications). These challenges to the way your Will leaves your estate can be made by This content is ready.legal Subscribers only. Join today! It's free and quick.We can assist you to construct your estate plans to minimise the risk of challenges while maintaining your desired wishes.

For more information about estate planning, challenging a Will, or bringing a Family Provision Application, please Contact Us or Subscribe to gain access to our online resources. Subscribing is free and easy!