Brisbane Contested Probate Solicitors - Disputed Contested Will Lawyers - QLD

LAWYER HELPLINE: 1800 455 886

Most people in Australia will leave assets in their estate to be distributed after they die and the ultimate destination of those assets is usually determined either by instructions contained in a valid will or by the operation of law under the intestacy rules which give an order of priority of potential beneficiaries in cases where the deceased did not leave a will. In many cases there are disputes amongst potential beneficiaries in regards to who will inherit the estate often leading to litigation to challenge a disputed will. Our Brisbane contested probate solicitors are estate litigation specialists who deal with all inheritance matters relating to challenging contested wills and disputing probate.

Contesting Will Validity

Before anyone can apply for a grant of probate it must be established that the relevant will is valid, failing which a grant of letters of administration may be necessary if there is no valid earlier will. This will often change the potential beneficiaries and it may well be in the interests of family members to challenge a will that leaves assets to third parties who are not included as potential beneficiaries under the intestacy rules. In addition, in order to obtain a grant of representation, there must be no disputed issues relating to probate, failing which an aggrieved party's solicitors may make application to a court of law for any contentious issues to be resolved, by estate litigation, prior to the issue of a grant of probate. Our Brisbane contested probate solicitors deal with all estate litigation matters relating to challenging disputed wills, including objecting to the issue of a grant of probate, defending applications from an aggrieved party and making applications to a court of law to challenge a will in the case of contentious or disputed probate.

To be valid, a will must generally comply with the following requirements :-

  • the maker must have legal capacity;
  • it must be in writing;
  • it must be signed by the maker;
  • it must be witnessed as per legislation on succession law.

Administrators & Executors Duties

Our Brisbane contested probate solicitors can advise on an inheritance dispute and may take legal action against dishonest or negligent executors or administrators and will advise an aggrieved party about the legal remedies available if an executor or an administrator fails to adequately perform their duties which in general terms are as follows :-

  • the executor is responsible for the entire administration of the deceased estate until final distribution of all of the assets to the beneficiaries.
  • the executor must identify and secure all assets of the deceased as soon as possible. The executor is responsible for all of the assets until final distribution and may need to store and insure valuables including documents, jewellery, ornaments or artworks and may be required to make short term financial investments to ensure that any cash is best dealt with.
  • The executor must identify all assets and liabilities and must discharge all debts including the funeral account from the assets, prior to distribution to the beneficiaries.
  • Lastly the executor must distribute the estate assets to the beneficiaries in accordance with the terms of the will or if there is no will the executor must distribute the assets in accordance with the intestacy rules which gives a list of priority for potential beneficiaries who may inherit based on family relationships.

Inheritance Dispute

Our Brisbane contested probate solicitors represent clients in all cases involving an inheritance dispute or a challenge to a will and also deal with contentious and disputed probate. It may be that the will is thought to be invalid or that the executor is of an unsuitable character or that sufficient provision has not been made for dependants. Our estate litigation solicitors deal with all types of inheritance disputes and family provision claims.

Estate Lawyers Legal Advice

If you would like to speak to a specialist lawyer about a will dispute or about inheritance litigation, without any further obligation just use the helpline or email our solicitors offices. Our estate lawyers advice is free and you are under no obligation to use our estate litigation services.

HELPLINE: 1800 455 886