Estate Disputes
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.
Estate 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. Read more to find out all about the cost of contesting a will
The answer to this question can be tricky, as it will depend on which State or Territory is best placed to determine the matter – and this further depends on where the deceased person was when they died, where they ordinarily resided, and where their assets are located. Read to find out more
Contesting a will (also known as family provision or further provision applications) requires proof. Here's everything you need to know.
The question of who has the right to try and contest the terms of a will depend ultimately on a number of factors, from where the deceased considered 'home,' to their family setup. learn more about the eligibility and criteria when it comes to who can contest a will.
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.
Need a Copy of a Will?
If you need a copy of a Will and/or are seeking legal advice, the team at O'Connor Rudy and Garrett can assist you. We will contact you to confirm additional details and then organise contacting the required parties to secure a copy of the Will for you.