Estate Litigation

It is an unfortunate reality that sometimes a death in the family can provoke disagreements and bitter disputes between surviving relatives. Our team are dedicated and experienced professionals who provide comprehensive legal support in all aspects of estate litigation in Queensland and New South Wales.

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A trusted team to assist with your Estate Litigation

Of all the emotionally driven and hotly contested litigation matters we have seen, some of the worst have been disputes over deceased estates. Money and grief seem to be a bad mixture, bringing out a range of strong emotions. The clearer you are about how you want your affairs handled, the lower the risk of relationship-destroying disputes.

Our team provide comprehensive legal support in all aspects of contested Wills and estates, including:

  • Providing legal assistance to an Executor to uphold the terms of a Will and defend a claim against the estate; or
  • Providing specialised legal advice and assistance to a person concerned with the validity of a Will.
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  • Contested Wills / Family Provision Claims

    Naturally, people want to take all possible steps to ensure that there are no claims made against their estate after their death. However, legislation in every State provides that the court may consider an application made by an eligible person where the deceased has not made adequate provision for that person from the estate. In assessing any challenge to your Will, the function of the court is to step into the shoes of the deceased person and determine whether adequate provision has been made for the applicant’s proper maintenance, education, or advancement in life.

    Even though the outcome of a family provision claim is ultimately a determination for the court, an experienced estates lawyer can advise you as to how to reduce the likelihood of any such claim being successful. If you are anticipating an estate claim following your death, you should advise your lawyer of your concerns so that all necessary steps can be taken in the preparation of your Will and associated estate planning documents.

  • Estate Administration Disputes

    It is not uncommon for disputes to arise in the administration of estates. For example, executors, administrators, and beneficiaries may disagree as each has a different role and their interests and responsibilities may not always align. This area of law is complex and we encourage you to seek specialised legal advice regarding disputes which may arise in the administration of the estate.

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