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near Brisbane QLD

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Browse trusted Estate Dispute Lawyers near Brisbane QLD based on ratings and reviews

Average rating of Estate Dispute Lawyers near Brisbane QLD

4.7
4.71 stars from 1097 recommendationsStarStarStarStar

based on 1097 client reviews

Estate Dispute Lawyers in Brisbane QLD

McCormick Family Law
Click to Reveal Phone Number+6140079..

McCormick Family Law is dedicated to providing high-quality legal services aimed at achieving fair resolutions for clients experiencing relationship breakdowns or related issues. We emphasise negotiation and mediation for dispute resolution, utilising our skills for litigation when necessary. Our firm offers practical, cost-effective legal solutions, focusing on client needs in areas like divorce, separation, de facto relationships, parenting, wills, child support, and more. With commitment and experience, we ensure you receive clear and effective legal advice. For inquiries or appointments, contact us today to protect your legal rights.

Our Team

Krusty Van Houten from McCormick Family Law
Samford Family Law
Click to Reveal Phone Number+6140080..

Samford Family Law, established in 2016 by Justine Dean, is now operated by Hensen Maxwell Solicitors as of July 2023. We specialise in comprehensive family law services, including pre-nuptial agreements, property and superannuation splitting, parenting arrangements, child support, and domestic violence matters. Local resident Tamara Hensen is dedicated to continuing the exceptional work of Samford Family Law while offering the expertise of our parent firm, boasting over 35 years of experience. Our services also include property settlement, children's arrangements, divorce advice, domestic violence support, conveyancing, wills and succession planning, and deceased estates.

Our Team

Monica Wyatt from Samford Family Law

Frequently Asked Questions

Who can contest a will in Brisbane?
In Queensland, several categories of people can contest a will. These typically include spouses or de facto partners, children of the deceased, grandchildren in certain circumstances, and dependants who were being maintained by the deceased. You may also be able to contest a will if you have a moral duty claim or if there are grounds such as lack of testamentary capacity, undue influence, or improper execution. The specific eligibility to challenge a will depends on your relationship to the deceased and the circumstances of your claim. Because eligibility and available grounds can be complex and vary based on individual situations, it is advisable to seek legal advice from an estate dispute lawyer in Brisbane who can assess your particular circumstances and explain your options.
What are the grounds for contesting a will?
In Queensland, you can contest a will on two main grounds. First, you can challenge the will's validity if the deceased lacked mental capacity when making it, or if the will was affected by undue influence, fraud, or the deceased didn't know and approve of its contents. Second, you can claim the will doesn't make adequate provision for you as an eligible person. Eligible parties typically include spouses, children, and dependants who can demonstrate the deceased had a moral duty to support them and that they have a genuine financial need. The court will assess factors including your relationship with the deceased and your future financial needs compared to the estate's size.
What is a family provision claim?
A family provision claim is a legal application made to a court seeking financial support from a deceased person's estate when you believe you have not been adequately provided for in their will or under the rules of intestacy. These claims recognise that certain people, such as spouses, children, and sometimes other dependants, may have a moral duty of support that should be honoured even after death. In Queensland, you generally have a limited timeframe to lodge such a claim, so it is important to seek legal advice promptly if you believe you have grounds to make one. The court will consider factors including your relationship to the deceased, your financial circumstances, and what the deceased knew about your needs when deciding whether to award additional provision from the estate.

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