Challenge a Will | The Will Dispute Lawyers
If you don’t believe the Executor of a Will is acting in your best interests as a beneficiary of a Will, we can help. Contact us today on 1300 368 255.
challenge, will, executor, brisbane
21799
page-template-default,page,page-id-21799,ajax_updown_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-1.5,wpb-js-composer js-comp-ver-4.4.2,vc_responsive
 

Challenge A Will




Challenge a Will Executor in Brisbane

 

If you don’t believe the Executor of a Will is acting in your best interests as a beneficiary of a Will, you can challenge a Will’s Executor in Brisbane with the help of our Will dispute lawyers.

 

If you are a beneficiary of a Will or an estate, there are many reasons you may disagree with the actions of the Executor. You may not believe the Executor has applied for a Grant of Probate or administered the estate in a timely manner. The Executor may not be investigating the actions of an Attorney of the Deceased prior to death for any missing money, or they may be ignoring your wishes or refusing to consult you altogether. The Executor may have instructed a lawyer who does not specialise in Estate and Will matters and so you might be concerned about their role in your family’s affairs.

 

The Executor of the Will must act in the best interests of the beneficiaries named in the Will, and failure to do so can lead to their removal from that role and the appointment of an independent solicitor as an Administrator. We can help you challenge a Will Executor in Brisbane by either seeking Court Orders that they comply with their obligations under the Will or seek an Order for their removal as Executor.

 

An Executor’s job is to collect the assets of the estate, pay the debts of the estate, and then distribute the estate in accordance with the terms of the Deceased’s Will.  Some Executors will engage the services of Estate and Will lawyers to do this and those costs will be paid from the estate. The Executor also has a duty to defend any claims which might be brought against the estate, including if someone has challenged the Will or the decisions of the Executor. If you are a beneficiary of a Will and are dissatisfied with the Executor efforts to administer the Will, you can do something about it and challenge a Will Executor in Brisbane by filing Court proceedings against them in the Supreme Court of Queensland.

 

In Queensland, all beneficiaries have a right to be heard in relation to any Will challenge brought against the estate because their inheritance could potentially be reduced as a result of that Will challenge. If you’re unhappy with the actions of the Executor for any reason, don’t believe the Lawyers for the Estate are being aggressive enough in their defence of the Will challenge, we can help. Whether the Executor is too slow, ignoring your wishes or simply refusing to follow the terms of the Will, our Will Dispute Lawyers will discuss with you how to challenge a Will Executor in Brisbane to challenge their actions, remove them as Executor or alternatively give you a voice in defence of any challenge to a Will brought by anyone else.

 

To discuss your rights to challenge a Will Executor in Brisbane or on the Gold Coast, contact us on 1300 368 255.

The Executor won’t do what I say. What are my rights?

The Executor’s job is to act in the best interests of the beneficiaries of the estate. If they fail to, then you have a right to have their actions reviewed by the Court. If their behaviour is deemed to be unacceptable, the Court can order that they are removed as Executor and that someone else be appointed. The Court can also in extreme cases hold the Executor personally liable for the waste of estate funds.

The Executor isn’t defending a claim against the estate the way I want. What can I do?

If your interests as a beneficiary will be adversely affected by a challenge to the Will or the estate, you are entitled to instruct lawyers independently of the Executor who will fight for your specific rights. This commonly occurs when the Public Trustee, a trustee company, an accountant or a solicitor is appointed as Executor. Often in these circumstances the Executor doesn’t want to become involved in a fight among family members and are pleased for all parties to engage their own Estate and Will lawyers.  The Will Dispute Lawyers have represented clients in this situation many times and it is quite a common occurrence.

The Estate Administration is too slow. How long do I have to wait for my money?

Generally, the Courts will give the Executors of an estate one year before questioning the Executor’s effort to administer the estate and provide you with your inheritance. However, you don’t need to wait that long before putting the Executor under pressure. If you have not seen real progress in the administration of the estate within a few months of the Deceased’s death, we can help you by calling upon the Executor to make an interim distribution to you whilst they discharge their duties in a more timely manner.  If after this you do need to take the Executor to Court, we can help you set them up for your Court Application for their removal.

Can I oppose someone who has challenged a Will in Queensland?

If you are a beneficiary of a Queensland estate and you are concerned that your entitlements may be reduced due to a Will challenge, you don’t have to sit idly by while the person challenging the Will makes claims which are contrary to your interests or is based on evidence which you believe to be false. You have the right to instruct your own estate lawyers to tell your version of events and to take active steps to actively oppose and challenge a Will Executor’s position.

What grounds are there for challenging a Will Executor in Queensland?

In Queensland you can challenge the appointment of an Executor if you believe their appointment is somehow not in the best interests of the estate. For example, the Executor might be in a position of conflict whereby they wish to challenge the Will personally for their own benefit, if they are preferring their interests of the interests of the estate or aren’t acting in a way which you believe accords with the terms of the Will or the requirements to administer an estate.

Can a frivolous Will challenge be dismissed?

If someone challenges a Will in Queensland and they don’t have sufficient evidence for their claim to succeed, as a beneficiary or Executor of the Will you can apply to the Court for the summary dismissal of the challenge to the Will. The Courts don’t like people challenging a Will unless they have evidence to support their allegations. At The Will Dispute Lawyers, we don’t believe that just because there is a challenge to a Will that you should simply roll over and pay the person disputing the Will what they want. We are here to fight for your rights and your principles and so if that means proactively seeking to dismiss a challenge to a Will, we can do that.

Who pays the costs of the Will challenge in Queensland?

The payment of costs following any estate litigation is determined by the Court after taking into account all of the circumstances of the litigation. If the Will challenge is successful, the estate will pay the costs of the Will challenge. If the Will challenge is unsuccessful, the person who brought the Will challenge might be forced to pay the costs of the Executor and the other parties connected with the dispute. It is a discretionary decision for the Court and one which we recommend you discuss with our Estate and Will lawyers.

Can I talk with you about a challenge to a Will in Queensland without obligation?

We want anyone thinking about challenging a Will in Queensland or the actions of an Executor in any Will dispute to contact us. We are here to help people, even if that means you just have a few questions and don’t believe our ongoing involvement in the litigation will be required. Enjoy peace of mind by ensuring that any losses to your entitlements under a challenge to a Will are minimised. Our Estate and Will Lawyers would like the chance to speak with you about your options.