Wills & Estates Disputes

Disputes may arise in respect of the administration of a Will after someone’s passing. It is a very stressful and difficult time for families dealing with the loss of a loved one.

Probate is the legal process of “proving” in the Supreme Court that the Will of a deceased person is a valid public document. It is usually the executor of the Will who looks after the disposal of the assets and debts, but to do this, they need to obtain a legal document called a ‘Grant of Probate’. However, there is also the ability for a probate action to be filed contesting a Will and in turn, grant probate.

A probate action occurs when a person wishes to prevent a grant, because they dispute the validity of the Will or who should administer the estate. This includes situations in which the testamentary capacity for the intention of a testator has not been affected by the Will.

We also regularly assist clients to ensure a fair outcome in circumstances where a loved one has died intestate (without a will). Our team of specialist litigators will navigate a claim of this nature, working with you to achieve your best outcome.

Important time frames apply in respect of any action relating to contesting or disputing a Will, and we recommend that you receive urgent advice from a legal specialist in the event of such a claim arising.

You will need a trusted specialist to assist you with the legal complexities, particularly with different states of Australia operating under varying Acts that govern the legal procedures to follow.

Contact our firm to arrange an obligation free initial consultation with one of the experienced Estate dispute lawyers at our Gold Coast or Brisbane offices.