Wills and Estate Lawyer

Family Provision Claims

In Queensland, “eligible” parties who can contest a will and seek a great share include:

• The deceased’s spouse (de facto, married and registered) and
• Child (biological, adopted and stepchild) and,
• Dependents of the deceased, which can include a parent, or a minor child.

When an eligible party makes a Family Provision application, the Court may consider a number of factors related to the claimant’s circumstances and the nature of the deceased estate.

• The size and total value of the deceased estate-large estates can offer more flexibility
• Competing claims against the deceased estate-balancing out those interests
• Contributions made to the deceased estate
• The Claimant’s age, health, financial and other resources, and needs
• If the deceased maintained the claimant at any point
• Whether the claimant has a right to support from any other source
• Whether the claimant has dependents
• The relationship between the claimant and the deceased-was it a strong positive relationship?
• Issues of estrangement-was there any conduct or mistreatment that might disentitle the claimant from provision

Challenging a will based on invalidity or unlawfulness

Common grounds for contesting wills include:

• Mental incapacity
• Undue influence
• Fraud or forgery
• Errors in wills
• Changes or cancellations
• Confusion, lack of understanding and uncertainty

The legal issues in this area of law are complex and outcomes depend upon a wide range of factors. There is rarely a simple answer to any of these issues.

Whichever way you contest a will, the process can often be complicated and intimidating. That’s why it’s crucial to get strong legal advice before starting your claim.

Getting early and practical advice, such as gathering of any necessary evidence and witness statements can be critical to the prospects of successfully challenging a will.

In addition-critical time and strict limits apply to making claims, so delay can be fatal to prospects of success.

Mediation of will disputes

Typically, disputes over wills require the parties to attend mediation, and most claims do settle at mediation. This is because the parties should recognise that the costs in terms of legal fees as well as the emotional costs are high.

Our Value

We offer practical and commercial advice in regard to will disputes-and aim for a speedy and cost- effective solutions. Our experience can assist you in resolving stressful and complex disputes to allow you to move on with your lives.

Who we act for in wills and estates matters

Our clients are everyday people of all ages and backgrounds. Our recent matters include:

• Preparing a complete estate plan for a retired health professional with a significant portfolio of investments held in his own name, his wife’s name, jointly and via companies, trusts and self-managed superannuation 
• Giving a terminally ill client peace of mind by preparing an enduring power of attorney, advance health directive and Will to ensure her wishes would be followed even after she lost capacity, and her young children would be provided for after her death
• Advising a bankrupt beneficiary of an estate of the implications of receipt of a cash legacy under a will and devising a strategy to ensure the gift was received in full
• Acting for a minor beneficiary, who was the result of an extra-marital affair of the deceased, in obtaining significant proportions of the deceased’s superannuation death proceeds and estate
• Assisting in the administration of the estate of the administrator’s son who had died intestate, including obtaining letters of administration 
• Acting for a family, whose father/son/brother had passed away, in a highly emotive dispute with the widow as to the deceased’s assets, including his ashes
• Acting for the executor of an estate comprising a half-share interest in a house in a dispute with the deceased’s ex-wife who owned the other half-share interest

How we help

• Wills for individuals and couples
• Buy-sell deeds
• Asset protection
• Enduring powers of attorney
• Advance health directives
• Tax and financial planning
• Business succession planning
• Testamentary discretionary trusts
• Estate planning and administration
• Letters of administration
• Probate
• Binding death benefit nominations
• Dispute resolution

Multilingual Lawyers

We have lawyers in our team who are fluent in Mandarin, Cantonese, Thai, Korean, Malaysian, Hindi, French and Afrikaans.