Estate Litigation Lawyers Brisbane

In Queensland, eligible people under the Succession Act 1981 (Qld) can contest a Will by making a Family Provision Application. This includes:

• Spouses (including de facto partners)
• Children (including stepchildren)
• Dependents who were financially supported by the deceased

If you believe you have been left out of a Will or not provided with adequate support, our Brisbane estate litigation lawyers can assess your eligibility and advise you on your prospects of success.

• Report the injury (and how it occurred) to your employer as soon as possible. This includes detailing how, when, and where it occurred. Your employer may require you to complete an incident report form.
• Seek medical attention and obtain a Work Capacity Certificate. When you visit your GP to have your injury assessed, request a Work Capacity Certificate which outlines your diagnosis, treatment plan, and any work restrictions. This medical certificate is essential for your claim and must be submitted to WorkCover Queensland.
• Lodge your claim online via the WorkCover Queensland website (or relevant workers compensation insurance provider), or by calling WorkCover on 1300 362 128. Ensure you include your personal details, information about the injury, and the Work Capacity Certificate.
• Provide copies of your completed claim form and Work Capacity Certificate to your employer. This ensures all parties are informed.
• For guidance and to ensure your rights are protected, seek legal advice about your claim by contacting Attwood Marshall Lawyers and finding out how to ensure that you will receive your full entitlements.

Strict time limits apply when lodging a personal injury claim. Missing these strict time limits can affect your eligibility for compensation, so it is important to act promptly.

How long do I have to contest a Will in Queensland?

Strict time limits apply. You must:

• Give written notice to the executor within 6 months of the deceased’s death
• File your Family Provision Application in the Supreme Court within 9 months of the deceased’s death

Acting quickly is vital to avoid losing your right to claim. Speak to our Brisbane estate dispute lawyers as soon as possible to find out where you stand.

 Contesting a Will involves making a Family Provision Application because you believe you were unfairly left out or inadequately provided for.

Challenging a Will means disputing the Will’s validity, for reasons such as:

• The deceased lacked mental capacity when the Will was made
• The Will was signed under undue influence or fraud
• The document doesn’t meet legal requirements

Our estate litigation lawyers can help you determine the most appropriate course of action.

Yes. Executors have a duty to uphold the deceased’s wishes and defend the estate against Family Provision Claims. Our team acts for executors to:

• Respond to claims
• Manage court processes
• Protect the integrity of the Will
• Ensure proper administration of the estate throughout litigation

Beneficiaries have the right to:

• Receive information about the estate and any claims made
• Be kept informed about the progress of the dispute
• Protect their entitlements if the estate is contested

If you’re concerned about delays in administering an estate, or you are not able to obtain information from the executor, our litigation team can advise you on your options.

Yes. If the Public Trustee is mishandling an estate or an individual’s financial affairs, you may be able to:

• Apply to have them removed as executor, administrator or financial manager
• Seek compensation for mismanagement or financial loss

Our experienced estate lawyers in Brisbane can help you challenge the Public Trustee and protect your rights, or that of a loved one.

A Statutory Will is a court-approved Will made on behalf of:

• Minors
• Individuals who lack testamentary capacity due to illness, injury, or disability

Where a person does not have testamentary capacity, a court can be called upon to make a Will for the person if the proposed Will is one that the court considers would reflect that person’s intentions if they had capacity.

Any person can bring an application for a Statutory Will, provided that leave is first obtained from the court.

To apply for a Statutory Will, you must make an application in the Supreme Court. A Statutory Will application is a complicated legal process and it is recommended to obtain specialist advice in order to ensure the application is compliant with the court process and rules.

Not always. Many estate disputes in Queensland are resolved through:

• Mediation
• Negotiation
• Alternative Dispute Resolution (ADR)

Our Brisbane estate litigation team aims to settle disputes efficiently and cost-effectively without going to court where possible. However, if litigation is necessary, we will provide strong representation.

Costs depend on the complexity of the matter and whether it proceeds to court. In some estate litigation cases, the court may order costs to be paid from the estate. We offer clear, upfront advice about legal fees and, in certain circumstances, deferred payment arrangements.

Estate litigation is a highly complex area of law involving strict timeframes and nuanced legal principles under the Succession Act. A specialist lawyer can:

• Maximise your chances of success
• Navigate complex family dynamics
• Protect your rights as a claimant, executor, or beneficiary
• Understand cross-jurisdictional issues in estate disputes

Our Brisbane team practice exclusively in contested estates and have a proven track record of achieving optimal outcomes for clients.