QLD Can Exectutor contest?

[Homemaker]

We've asked this question of 2 lawyers and both have said no, but online says yes and the executors' lawyer reckons he can. But what of conflict of interest?
It really sucks as we can't afford a lawyer to intercede on behalf of our interests as beneficiary and he's got a lawyer on no win no fee basis, and we have to rely on him to defend the estate against himself. This just doesn't seem right. What am I missing please?

 

[Nighthelyn]

Dear Homemaker,

I don’t know why you had such a range of responses given the answer is pretty clear. An executor can contest a will, as long certain conditions are met. To contest a will the executor must be the child, spouse or dependant of the deceased. Factors the court considers when determining whether an applicant was a dependant include:

1. Reliance on the deceased for financial support
2. Personal circumstances (e.g. illness, educational support needed, financial needs).

Of course, an executor cannot defend the estate against their own claim. In that case, the executor needs to formally renounce their role with the Supreme Court of Queensland. The executor would normally do this as soon as possible and before the executor has begun the administration process.

If you cannot afford private solicitors, contact legal aid QLD. They can refer you to community legal centre giving advice on will and estate.

Good luck!

-Nighthelyn

 

[Homemaker]

Dear Homemaker,

I don’t know why you had such a range of responses given the answer is pretty clear. An executor can contest a will, as long certain conditions are met. To contest a will the executor must be the child, spouse or dependant of the deceased. Factors the court considers when determining whether an applicant was a dependant include:

1. Reliance on the deceased for financial support
2. Personal circumstances (e.g. illness, educational support needed, financial needs).

Of course, an executor cannot defend the estate against their own claim. In that case, the executor needs to formally renounce their role with the Supreme Court of Queensland. The executor would normally do this as soon as possible and before the executor has begun the administration process.

If you cannot afford private solicitors, contact legal aid QLD. They can refer you to community legal centre giving advice on will and estate.

Good luck!

-Nighthelyn

Thank you so much for responding. The penny just dropped, I need to phrase my question differently. I'm not asking if being named executor disqualifies you from contesting, I'm instead asking if the executor can remain in that role while contesting. You've answered that thank you. I don't know why he thinks he can and claims he's been advised as such.

I will contact legal aid qld. I read on their website they don't deal in this area of law but I didn't know they could refer. Thank you for your help Nighthelyn.