Estate litigation in Queensland is governed by a unique set of laws and practices that aim to ensure the final wishes of a deceased person are honoured and that estate administration is conducted fairly. At Rose Litigation Lawyers we specialise in guiding Queenslanders through the complexities of estate litigation, safeguarding their interests during these emotionally challenging times.

Understanding Estate Litigation in Queensland:

Estate litigation in Queensland can encompass a variety of disputes, from contesting wills to challenging the actions of executors or trustees. Such legal proceedings are primarily dealt with under the Succession Act 1981 (Qld) and the Trusts Act 1973 (Qld), legislation that sets out the rights of beneficiaries and the responsibilities of those administering estates.

Key Reasons for Estate Litigation:

1. Contesting a Will: Individuals may contest a will on several grounds, including undue influence, lack of testamentary capacity, or failure to make adequate provision for certain family members or dependents, as outlined under the Family Provision section of the Succession Act 1981 (Qld).
2. Executor Disputes: Disputes may arise if there is a belief that an executor is not acting in the best interests of the beneficiaries, or is failing to administer the estate in accordance with the will or legal requirements.
3. Trustee Controversies: When trustees of a testamentary trust are believed to be acting improperly or against the interests of the beneficiaries, litigation may be necessary.

Our firm employs a multi-faceted approach to resolving estate disputes:

1. Comprehensive Review: We take the time to thoroughly obtain instructions and then meticulously analyse all relevant estate documentation and supporting evidence to ensure we have the full picture when devising your strategy.
2. Negotiation and Mediation: We endeavour to resolve disputes through alternative dispute resolution, where possible, to avoid the financial and emotional toll of court proceedings.
3. Courtroom Advocacy: When litigation is inevitable, our lawyers provide robust representation, combining deep legal expertise with a commitment to your best interests.

We are well-versed in the nuances of Queensland’s succession and trust laws, ensuring that our clients navigate estate disputes with confidence and clarity. If you are confronting an estate dispute or seeking to understand your rights in an estate matter, contact us today for an obligation free consultation.

The content of this publication is intended to provide a summary and commentary only. It is not intended to be comprehensive nor does it constitute legal advice, and has been prepared based on applicable legislation and case authority at the date of publication. You should seek legal advice on specific circumstances before taking any action.