Can you dispute a Will?

Do you consider you should have received an inheritance or were treated unfairly in a will?

If so, you may be entitled to make a claim against the estate under the Succession Act 1981 (QLD).

Under the Act, the following categories of “eligible persons” are entitled to challenge a will and seek further provision from the Estate:

  • A Husband or Wife of the deceased person;
  • A de facto spouse of the deceased person provided that person was living together as a couple on a genuine domestic basis for a continuous period of at least 2 years as at the date of the deceased person’s death;
  • A child of the deceased person (including an adopted child or step-child);
  • A former spouse of the deceased person. For instance, a separated spouse who is not yet divorced and was continuing to receive maintenance from the deceased person; or
  • A person who was wholly or substantially maintained by the deceased person, who was a parent of the deceased or a parent of a child under 18 years of the deceased person or a person under 18 years of age.

In Queensland there are time limitations in which an eligible person may challenge a will:

  • An eligible person has an obligation to notify the Executor of their intentions to challenge the will within 6 months from the date of death;
  • If the matter cannot be resolved through negotiations, then the eligible person must file and serve court proceedings on the Executor within 9 months from the date of death;
  • If the eligible person does not comply within those time limits, then they may be prevented from contesting the Estate without first obtaining the Court’s permission to institute legal proceedings, which is very difficult to obtain and only granted in exceptional circumstances.

We are offering a 10% discount on our professional fees for new clients during December 2018. Call us now on (07) 3278 1888 for a FREE no obligation quote and initial advice.

What should I do if my Builder goes into liquidation?

You might find yourself in a situation where you have engaged a builder to carry out work at your home, but before the work has even begun or is completed the builder goes into liquidation.  You have no idea what you should do.

Here are a few simple steps for you to consider………

Seek Legal Advice

To protect your interests, and BEFORE taking any steps you should obtain legal advice as to your options.

Make contact with the Liquidator

The Liquidator may be able to assist you in some cases in advising possible options.

QBCC’s Dispute Resolution Process

For residential construction work you may be able to resolve your complaint via the Queensland Building and Construction Commission resolution process.

Assistance under the Queensland Home Warranty Scheme

If you are not able to satisfactorily resolve your complaint under the QBCC’s resolution process, you may be eligible for assistance under the warranty scheme.

As part of the building process your builder should have arranged insurance for the construction for which you may be able to lodge a claim.

Strict Time Limits

These apply to some claims so make sure you do not delay in seeking advice otherwise your claim may be prejudiced.

Solicitors at Hogan Stanton Lawyers have been successful in obtaining satisfactory outcomes for clients who find themselves in this unfortunate situation.