Will Disputes and Litigation Brisbane | The Will Dispute Lawyers
Our will litigation lawyers can help you to bring a claim against the estate to seek further provision from the will. Contact us today on 1300 368 255.
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Will Disputes

Will and Estate Disputes in Brisbane

 

Just because a person makes a valid Will doesn’t mean that it can’t be successfully challenged following their death thanks to our experience in Will and estate disputes in Brisbane and throughout Queensland.

 

Provided you are the spouse, child or step-child of the Deceased person, you have a right to commence Court proceedings seeking further provision from the Deceased person’s estate.  This is known as a Family Provision Application. The ever-increasing complications of today’s family units with step-parents, step-siblings and half-siblings, as well as the rising value of real estate and complicated superannuation rules, mean that it’s increasingly common for the terms of a Will, especially an old Will, to be successfully challenged. This is particularly when family dynamics have changed after the Will is made or the Deceased person did not speak with a specialist Will and Deceased Estate Lawyer to prepare their estate plan.

 
If you believe the terms of the Will of a Deceased person don’t leave you with what you’re entitled to, we encourage you to contact our office to discuss your case and begin a Will and estate dispute in Brisbane or on the Gold Coast. We welcome your call on 1300 368 255 to discuss your right to bring a claim against the estate to seek further provision from the Will.

Will I win my Will dispute?

You will win your Will dispute if you can prove that the Deceased person didn’t leave you with sufficient money to cover your financial needs. You must prove to the Court that the Court should take money away from the beneficiaries already named in the Will so that they can Order that some money is to be paid to you. Once this is proven, it’s not a case of whether we will be successful in your Will or estate dispute in Brisbane – it’s a case of how much you will receive from the estate. Our Will Dispute Lawyers will be able to provide you with this advice early in your Will dispute so you can make an informed decision about whether to settle your claim or whether you should progress your claim further.

What are the common reasons why a Will is disputed?

There are a number of reasons why a Deceased person’s Will is no longer appropriate at the time of their death and why commencing a claim against their estate is justified. These include:

  1. There has been an argument or an estrangement between the Deceased and one of the beneficiaries named in the Will so that it’s longer appropriate that the beneficiary receives from the estate what has been left to them.
  2. There has been a reconciliation between the Deceased and a spouse, child or step-child who was previously left out of the Will or left insufficient funds in the Will so that the terms of the Will no longer reflect their relationship with the Deceased at the time of death.
  3. The Will was made a long time ago and may not take into account the length of the relationship between the Deceased and their spouse, or the changing value of the Deceased’s estate.
  4. The Deceased had inherited funds from their spouse but upon the Deceased’s death they left their money to their natural children and excluded their step-children from what would otherwise be considered the inheritance from their biological parent.
  5. An asset of the estate has been left to a beneficiary, such as a house, which has been sold by the Deceased or their Power of Attorney prior to the death so that the proposed gift fails and that person who was to receive the asset, receives nothing.
  6. The Deceased did not think about their family circumstances properly or take advice from a Will and Estate Law specialised, or they prepared their own Will using a do-it-yourself Will kit.
  7. The Deceased was unduly influenced by somebody to make a Will leaving money to them to the exclusion of other worthy beneficiaries.

I don’t live in Brisbane or the Gold Coast. Can you act in my Will dispute?

The Will Dispute Lawyers have acted for many clients in their Will and deceased estate disputes no matter where they reside. We can act for you and take your instructions by phone, email or skype if you’re unable to visit us in person at either our Brisbane office or Gold Coast office. Your location doesn’t worry us – so long as the estate has a connection with Queensland, our lawyers can act for you in your Will and estate dispute in Brisbane.