At Barron & Allen Lawyers Mackay, we have an experienced and dedicated team of Succession lawyers ready to assist with any estate litigation matters. We have assisted with many complex estate litigation matters, acting for both executors defending a family provision application and applicants seeking to bring a claim against a deceased estate.
You can leave your estate to any one you choose, but under the Succession Act 1981 (Qld), there are three (3) classes of people who are eligible to contest Wills in Queensland if they believe they have not been adequately provided for in a Will, namely:
- Spouses – including marital partners, de facto partners, same-sex partners, civil partners and dependent former spouses. “Spouse” is defined in s.5AA of the Succession Act and includes a de facto partner, as defined in s.32DA Acts Interpretation Act 1954 (Qld,) but only if the relationship had existed for a continuous period of at least 2 years ending on the death of the deceased;
- Children – including step-children, adopted children and unborn biological children born after the Will maker’s death; and
- Financial Dependants – “Dependant” is defined in s.40 of the Succession Act as any person wholly or substantially maintained or supported (otherwise than for full valuable consideration) by the deceased.