Estate Litigation and Disputes Lawyers Rockhampton

ESTATE LITIGATION AND DISPUTES Solicitors Rockhampton

It is said that when someone dies, it often brings out the best in people but, more so regrettably, the worst.  This human frailty leads to disputes in deceased estates.

In some cases however, there has been an oversight on the deceased’s part to update their Will or to give proper thought to how their family is going to be able to support themselves without benefits from the estate.  In these circumstances, an application can be made to the Court for provision out of the estate.  This is called a Family Provisions Application (“FPA”).  The Succession Act stipulates who can make a FPA but, broadly speaking, it is a spouse, child, step-child or a person dependent on the deceased.

Other estate litigation and disputes can include:

• Whether a person had mental capacity (called “testamentary capacity”) to make a Will when they made it
• Whether there is a later Will
• Unusual Wills, such as a Will written on a Cornflakes box, on a wall, on a tractor
• Implied revocation by destruction or burning of a Will
• Missing Wills
• Effect of divorce or termination of a civil partnership on a Will
• Allegations of fraud or undue influence on persons making a Will
• Whether a person was a defacto spouse or a biological child of the deceased
• Allegations of fraud and undue influence by a beneficiary or their relative upon the deceased
• Allegations of conflicts of interest or misappropriation by Executors or Administrators
• Disputes about whether property belonged to the deceased or by a family member or third party

WE CAN ALSO ASSIST YOU WITH:

• Wills
• Testamentary Trusts
• Discretionary and Unit Trusts
• Business and Estate Planning
• Guardianship Matters
• Powers of Attorney
• Advance Health Directives
• Superannuation
• Deceased Estate Administration
• Applications for Probate or Grants of Administration
• Other Court Applications
• Advising Executors on their Duties
• Advising Beneficiaries on their Rights
• Validity of gifts made by the deceased prior to death
• Mediations