Our lawyers understand the many facets of challenging a Will.
Thinking About Challenging A Will?
RHC Solicitors have extensive experience in wills and estates, including contesting or challenging a Will. Our Queensland lawyers are strongly connected to prominent estate professionals and barristers and understand the complexities and requirements when it comes to the grounds to challenge or contest a Will.
Where a Will has been procured by fraud, it can be challenged. Fraud generally arises where a person has misled a Will maker to make the testamentary instrument through intentionally false statements or by failing to state relevant.
To prove fraud, a person must show the conduct arose in circumstances when the fraudster has either obtained a benefit under the Will or did so in order to prevent someone else receiving something under the Will (for example, a child or alternatively a dependent).
There are many examples at law of fraud, which has resulted in setting aside the Will such as:
Where the testator has signed a document which they did not believe to be a Will
Where the testator has been misled about something in the Will
Where the testator was informed the wrong thing at the time of drafting the Will with the intention to deceive them
How RHC Solicitors Help
We have experienced will and estate lawyers across Queensland. We deal with complex estates and representation in the Supreme Court of Queensland every day and have handled thousands of challenges to a Will or otherwise contesting an estate.
We're affordable lawyers and often offer fixed fee quotes so that you know exactly what is ahead.