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What if I have been left out of the will?

Losing a loved one is one of the hardest things to deal with and being left out of the will or not receiving your fair share can make the experience much worse.  Families can be complicated and sometimes favouritism or arguments can result in a will which cuts out those who may be entitled or in need of an inheritance.

Especially where there are blended families the gifts under a will can turn out to be an unfair result.

Sometimes a will can simply be out of date and so have unintended consequences.

A family provision application gives eligible people the right to seek a fairer share of the estate.

If you find out that you have been left out of a will or your share is less than is fair there are steps you can take to make sure you receive a fair share.

  1. Ask for a copy of the will.
  2. If you are a child, stepchild or spouse including de-facto spouse, or financial dependent you are likely to be entitled to make a claim.
  3. See a lawyer as soon as possible or you may miss out because rights to claim may be lost by delay.

Remember there are strict time limits; in Queensland you need to give notice in writing that you intend to claim and dispute the will no later than 6 months after the date of death, so don’t delay.

McLaughlins Lawyers have been helping people with deceased estates for over 60 years. We understand how complicated families can be and sometimes you need help to make sure you receive a fair share – call Teresa Kearney or Matt Kollrepp on 07 5591 5099  or email [email protected] for  help.

McLaughlins Lawyers, your experienced Gold Coast lawyers, we stand beside you and are here to help you receive a fair share.


Author: Teresa Kearney, Senior Associate

Director: Ian Kennedy

Date: 25 August 2020