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Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or, if a fellow family member has manipulated the persons wishes. To challenge a will, you must have an interest in the deceased person’s estate. In other words, you may be someone who is referred to in the Will, or if the person dies without a valid will in place, someone referred to under the laws of intestacy such as a spouse or child of the deceased. Reasons to Challenge a Will The most common reasons to challenge a Will include: 1. Fraud 2. Lack of testamentary capacity of the deceased when creating the Will; 3. Manipulation, coercion or undue influence; and 4. Absence of knowledge of the contents of the Will. As Wills are usually made when the deceased person is elderly, the most prominent concern is whether the Will maker had mental capacity to understand the contents of the Will. In circumstances where the Will maker lacks this capacity, the Will may be set aside by the Court. Before an order is made, the Court will consider whether the persons had a severe mental illness (such as Alzheimer’s) or a brain disease (such as Dementia) at the time the Will was made. Another reason to challenge a Will is if the Will maker was not aware of the contents of the Will or where they were pressured by someone to leave a particular item (usually property or another valuable asset) to a particular person where they would not usually have done so. If the Court decides this has been the case, the deceased’s previous Will is used. If no previous Will exists, the laws of intestacy will apply. Although a deceased person may not have a “Will” at the time of their passing, if the person wrote a letter setting out their final wishes in an informal document with their signature, the Court has the power to declare that document valid. In certain circumstances, this informal document may even be declared valid despite an earlier formal Will.
02 May

Contesting A Deceased Estate

If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not…

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Who Gets Animals in Divorce Proceedings
29 Apr

Who Gets Animals in Divorce Proceedings?

What Happens to Pets and Animals During Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision…

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Mental Health Conditions and Parenting Arrangements
23 Apr

Mental Health Conditions and Parenting Arrangements

How Do Mental Health Conditions Affect Family Law Proceedings? If you have been diagnosed with a mental health condition, this can impact both child welfare/parenting arrangements in addition to property disputes. However, a mental health condition does affect or have relevance to divorce proceedings (provided there is no children of…

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Meaningful Relationship with Both Parents
10 Apr

Retaining A Meaningful Relationship with Both Parents

Last year a Court dispute between Brad Pitt and Angelina Jolie resulted with the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have…

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Genetic Donors and Family Law
03 Apr

Sperm, Genetic Donors and Family Law

Sperm Donors and Family Law Although sperm donations have historically been subject to anonymity in Australia, recent legislative reform and case law suggest a definitive movement towards inclusion within Family Law and Parental Responsibility. In all states and territories of Australia, donating sperm anonymously is now banned through legislation or…

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Family Reports and Expert Evidence in Proceedings
28 Mar

The Family Report and Expert Evidence in Proceedings

Expert evidence including family reports provide the Court with material from an independent viewpoint, which both assesses and highlights particular issues with each unique case. The most common form of expert evidence in family law proceedings is family reports, which are undertaken by psychologists to determine the children’s views, the…

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needing-info-about-family-law-court
18 Mar

Do you need information about the Family Law Courts in Brisbane?

Important information and contact details about the Family Law Courts in Brisbane Call the National Enquiry Centre on 1300 352 000* The Family Law Courts’ National Enquiry Centre (NEC) is the entry point for all telephone and email inquiries about Family Law Court matters in the Family Court of Australia and…

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Structural Reform of the Federal Courts
04 Mar

Structural Reform of the Federal Courts

What Does Structural Reform of the Federal Courts Mean To You? On 30 May 2018 the Government proposed to establish the new Federal Circuit and Family Court of Australia (FCFCA), amalgamating the two courts together under a new regime. In addition to this proposed structure, a new Family Law Appeal…

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Smoking Laws in Queensland
25 Feb

Smoking Laws in Queensland

Proposed Smoking Ban and the Effect on Queensland Sydney council has proposed a smoking ban in the second-largest CBD, essentially creating the first national-first smoking ban. The North Sydney council members hope to reduce the current smoking rates by as much as 50% in the coming months, with hopes to…

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Drink Driving is Not Only for Cars
21 Feb

Drink Driving is Not Only for Cars

Is Drink Driving Only Applicable For Cars? Nope! If you are caught drink driving, there is a strong chance the vehicle will either be a car or motorcycle. These two categories of transport form approximately 98% of current drink driving charges in Queensland. However, these are not the only forms…

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Recent Posts

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or, if a fellow family member has manipulated the persons wishes. To challenge a will, you must have an interest in the deceased person’s estate. In other words, you may be someone who is referred to in the Will, or if the person dies without a valid will in place, someone referred to under the laws of intestacy such as a spouse or child of the deceased. Reasons to Challenge a Will The most common reasons to challenge a Will include: 1. Fraud 2. Lack of testamentary capacity of the deceased when creating the Will; 3. Manipulation, coercion or undue influence; and 4. Absence of knowledge of the contents of the Will. As Wills are usually made when the deceased person is elderly, the most prominent concern is whether the Will maker had mental capacity to understand the contents of the Will. In circumstances where the Will maker lacks this capacity, the Will may be set aside by the Court. Before an order is made, the Court will consider whether the persons had a severe mental illness (such as Alzheimer’s) or a brain disease (such as Dementia) at the time the Will was made. Another reason to challenge a Will is if the Will maker was not aware of the contents of the Will or where they were pressured by someone to leave a particular item (usually property or another valuable asset) to a particular person where they would not usually have done so. If the Court decides this has been the case, the deceased’s previous Will is used. If no previous Will exists, the laws of intestacy will apply. Although a deceased person may not have a “Will” at the time of their passing, if the person wrote a letter setting out their final wishes in an informal document with their signature, the Court has the power to declare that document valid. In certain circumstances, this informal document may even be declared valid despite an earlier formal Will.

Contesting A Deceased Estate

Who Gets Animals in Divorce Proceedings

Who Gets Animals in Divorce Proceedings?

Mental Health Conditions and Parenting Arrangements

Mental Health Conditions and Parenting Arrangements

Meaningful Relationship with Both Parents

Retaining A Meaningful Relationship with Both Parents

Genetic Donors and Family Law

Sperm, Genetic Donors and Family Law

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