Expert advice to resolve estate disputes with care.

The death of a family member is a difficult and emotional time. This is made even more difficult if you find that you have not been adequately provided for in the Will of the deceased person.

We’ll step you through the process and ensure the experience is as smooth as possible. We also work with Executors or beneficiaries of a Will that is being challenged by a family member. We’ll advise you on your entitlement and guide you through the process.

Our expert estate disputes team can assist with contesting a Will.
Where we come in.

Contesting a Will?

A Family Provision Application can be made where a persons is dissatisfied with the terms of a Will of a deceased person and feels they have not been adequately provided for from the estate. In Queensland a Family Provision Application can only be made by a spouse (including de facto spouse), child (including stepchild or adopted child) or dependant (either a parent of the deceased or of a child of the deceased under 18, or a person under 18).

There are a number of factors taken into account by the courts to determine whether a particular applicant has been left without adequate provision, and if so what provision should be made. In most cases, it is primarily a matter of estimating the person’s ‘need’ and also his or her ‘moral’ claim. This requires a detailed consideration of matters such as the history of the relationship between the applicant and the deceased and the applicant’s financial circumstances in comparison to the financial circumstances of the estate and all other beneficiaries and/or other applicants. The Courts will also consider whether there is any moral reason why the applicant should not be entitled to any, or any greater, provision out of the estate.

There are time limits for bringing a Family Provision Application, and it is, therefore, important to obtain legal advice as soon as possible if you are unsatisfied with the terms of a Will or if you are uncertain about your legal entitlements.

Our Lawyers have many years of experience in handling a wide range of disputes and other estate matters. We can determine if you are entitled to make a claim and let you know what the outcome is likely to be. Our policy is to negotiate the best outcome for you on a cost-effective basis. We are able to take a case on a No Win – No Fee* basis in most matters relating to Will disputes (conditions apply).

Who we help

We work with all types of businesses but also specialise in these industries.

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Who we help

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Paralegal

What they didn’t teach you about estate planning

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Paralegal

What they didn’t teach you about estate planning

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Paralegal

What they didn’t teach you about estate planning

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Paralegal

What they didn’t teach you about estate planning

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The legal team.

Passionate individuals you want on your side.

Get in touch with our estate disputes team today.

With two convenient offices in Maryborough and Hervey Bay, our team is ready to help wherever you’re located across the region. In many cases we can also provide a telephone appointment if that is more convenient.

Request a consultation