Estate Disputes

One question we are frequently asked is does a child or grandchild of a deceased have the right to contest a will?

Suspect the Executor isn’t properly administering the Estate?  What can you do to remove them?

Generally speaking, an attorney owed a duty of absolute loyalty to the principal – meaning that the attorney must place the principal’s interests above their own, and always act in the principal’s best interests.

So, you’re Executor (or Administrator) of the Estate – and now there’s Litigation. What to do next?

The following summary sets out some steps when it comes to Contesting a Will in Qld. It includes relevant time frames and procedures when contesting a will and any family provision an applicant ought to be mindful of for Queensland matters.

state litigation enjoys a relatively unique status in litigation. In most court cases, it is relatively standard for the losing party to be ordered to pay the legal costs of the winning party.

Under Queensland’s Succession Act 1981, the mentioned categories of persons are eligible to contest the estate of a deceased person.

Contesting a will (also known as family provision or further provision applications) requires proof. Here's everything you need to know.

You may have heard of it, but what actually is it?

In Queensland, there was a perception for a long time that the estate covered the costs for both the successful and unsuccessful parties when claiming against the estate.

If you are considering claiming against an estate it is important to act sooner rather than later. The court in Queensland will refuse to hear your claim if you have unexplained delays.

The Succession Act 1991 in Queensland provides that if someone is dissatisfied with the terms of a Will, or if the deceased did not have a Will and someone thinks the rules of intestacy are unfair, they can apply to the Court for ‘proper maintenance and support’ from the estate.

Before you claim against an estate, you need to ensure that you are eligible to make a claim.

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