Estate Disputes

Queensland laws provide a framework and process for eligible individuals to assert their rights and address specific concerns they have over the administration or distribution of a deceased estate.

Family conflict can be challenging at the best of times. However, conflict over a deceased family member’s estate is especially confronting. Seeking legal advice can be invaluable to effectively navigate the complexities of these disputes.

If you are involved in an estate dispute, we can provide guidance on the strengths and weaknesses of the case, collect evidence and prepare legal documents, negotiate the dispute and advocate on your behalf. We manage a range of estate disputes which we know can be emotional, complex and draining. We aim to help you achieve a fair outcome and will investigate ways to resolve your matter out of court, wherever possible.

Challenging the Validity of a Will

Some estate disputes involve challenges to the validity of a Will itself. These claims are typically grounded in allegations of lack of testamentary capacity, undue influence, fraud, or improper execution. These disputes usually arise when a family member has concerns that the Will does not reflect the true wishes of the deceased.

Family Provision Claims in Queensland

Possibly, the most common types of estate disputes are family provision claims.

If an eligible person has been left out of a Will or feels they did not receive a fair share from a deceased estate, they may be entitled to make a family provision claim. If successful, the provisions of a Will can be changed to the benefit of the claimant.

The rules for determining a person’s eligibility to make a family provision claim vary across different jurisdictions in Australia and strict time limits apply, so it is important to seek legal advice quickly. The claimant must also show that the deceased failed to make adequate provision for their maintenance and support.

Family provision claims are heard in the Supreme Court; however, many are settled before they reach that stage. In determining a claim, a court may consider a range of factors, for example:

• the claimant’s financial position
• the age and any physical, mental, or intellectual disability of the claimant or other beneficiaries of the estate
• the relationship between the claimant and the deceased
• the circumstances, financial position and needs of other beneficiaries
• the size and nature of the estate
• the extent to which the claimant has already been provided for under the Will, if relevant

Executor Disputes

Executors have significant power when it comes to managing a deceased estate. Not surprisingly, when an executor exercises their power in a way that upsets a beneficiary, this can result in tension. Similarly, when joint executors are asked to work together to administer an estate, this can lead to disputes and conflicts between the executors themselves. Unresolved disputes can lead to delays in administering the estate and unwarranted costs, so it is important to obtain early legal advice and guidance before these disputes escalate.

Managing and Resolving Estate Disputes

Estate disputes can have long-term implications for a family and although any type of dispute could end up in the Supreme Court, it is almost always preferable to make concerted efforts to resolve the dispute before it gets that far. This can be achieved through negotiation and mediation, with the advice and guidance of an experienced lawyer. These alternative dispute resolution processes can save time, costs and additional turmoil for those involved.

Even if proceedings are filed in court, it is still possible and feasible to settle the estate dispute before the actual court hearing and the parties will be obliged to try to reach an agreement at a settlement conference before appearing before a judge. In such cases, the parties should be motivated to accept reasonable offers, because the courts can penalise a party that fails to resolve the matter when there is a reasonable offer on the table.

If you need assistance, contact [email protected] or call 0415 260 521.