IS YOUR WILL REALLY YOUR LAST WORD?
Annie’s father had died and, when his Will was revealed, she learned that nothing had been left for her.
When Annie attended upon lawyers she found that a Will might not be the last word because without careful creation it may not stand up to her challenge.
Typically, when someone has been left out of a Will, or believes they did not get as much as they think they should have, they contest the Will.
Annie could do this because, despite being an adult, she was a child of the Will-maker.
Other people who could challenge the Will would be a spouse (including, in some circumstances, a former spouse) and any dependants of Annie’s father.
Because Annie’s challenge is in Queensland she will need to notify the Executor of the Will within six months of her father’s death and file her court proceeding within nine months of her father’s death.
If Annie does not give that notice the estate might be distributed.
If she doesn't commence that proceeding in time she will need to seek permission from the court to do it out of time.
To determine the success of Annie’s claim, the spotlight will be on what she has already received from her father whilst he was alive, what her unique circumstances are, how much is in the estate, any other claims being made and what her relationship with her father was like.
Annie’s unique circumstances will include her health, financial position, income or income-earning capacity and whether she has dependents.
If you are like Annie and have been left out of a Will, or have not received as much as you think you should have, contact an experienced Wills and Estate lawyer and find out where you stand.