The disputes that reach court
Estate litigation is broader than contesting a will. The matters we see:
- Family provision claims — see will disputes
- Challenges to the validity of a will
- Executors who will not act, or act improperly
- Applications to remove or replace an executor
- Beneficiaries seeking accounts
- Construction applications where a will is unclear
- Claims that estate assets are held on trust
- Disputes about the extent of the estate
When the executor is the problem
An executor is a fiduciary. They must act in the interests of the estate as a whole, impartially between beneficiaries, and with reasonable diligence. The common complaints are delay, refusal to communicate, self-dealing, and distributing in a way that favours one beneficiary.
Beneficiaries have real rights here. A residuary beneficiary is generally entitled to information about the administration and to an account of what the executor has done with the estate's money. An executor who declines to provide accounts can be compelled to.
Start with a written request. Many executor disputes are actually communication failures, and a properly framed letter from a lawyer resolves a substantial proportion of them without any application.
Removing an executor
The Supreme Court can remove an executor and appoint someone else, but the threshold is not mere disagreement. The court looks at whether the executor's continued administration endangers the estate or is inconsistent with the beneficiaries' interests — conflict of interest, incapacity, prolonged inaction, dishonesty, or an inability to act impartially.
Personality clashes and slow progress are not usually enough. Administration legitimately takes months, and an executor entitled to wait out the family provision period is not being obstructive by doing so. Before applying, get advice on whether the conduct actually crosses the line, because an unsuccessful application can carry costs.
When the will is unclear
Where a will's wording is genuinely ambiguous, the executor can apply to the court for directions or for construction of the will rather than choosing an interpretation and risking personal liability.
The usual causes are homemade wills, gifts of assets that no longer exist, beneficiaries described imprecisely, and provisions that contradict each other. The court's task is to give effect to the will-maker's intention as expressed in the document, and extrinsic evidence is admissible only in defined circumstances.
These applications are avoidable. Almost every one we see arises from a will kit or an old will never updated.
Defending an estate
An executor facing a claim must defend the will, not take sides between family members. An executor who campaigns for one beneficiary against another risks costs personally.
On receiving notice of a claim: stop distributing, preserve the estate, gather the evidence about the deceased's circumstances and relationships, and get advice on prospects early. The evidence that matters — the deceased's reasons, the applicant's circumstances, contributions made — is easier to assemble in the first months than in the second year.
Most of it settles
The Supreme Court expects parties to have genuinely attempted mediation, and the overwhelming majority of estate disputes resolve there. The reason is arithmetic: litigation is funded from the estate everyone is arguing about, so every month of dispute reduces what is left to divide.
Mediation also allows outcomes a court cannot order — retaining a property in the family, structured payments, or an apology that matters more than money. Those options disappear at judgment.
What it costs
Do not assume the estate pays everyone's costs. That was once broadly true and is no longer. An unsuccessful applicant may be ordered to pay costs personally, particularly where the claim was weak or the estate modest.
- Fixed fee for an initial assessment
- Stage estimates thereafter
- Early, candid view on prospects
- Advice on the net effect of litigating
- Mediation as the working assumption
- We will tell you when to settle
Frequently asked questions
Generally yes. A residuary beneficiary is entitled to information about the administration and to an account of what the executor has done with the estate's money. An executor who declines can be compelled. Start with a written request, because many executor disputes are communication failures that a lawyer's letter resolves.
By applying to the Supreme Court of Queensland, which can remove an executor and appoint a replacement. The threshold is whether continued administration endangers the estate or is inconsistent with beneficiaries' interests — conflict of interest, incapacity, prolonged inaction, dishonesty or inability to act impartially. Personality clashes and ordinary delay are not usually enough.
Not necessarily. Administration legitimately takes months: assets must be called in, debts and tax paid in the correct order, and an executor is entitled to wait out the family provision period before distributing. Delay becomes a problem where it is unexplained, prolonged and unresponsive to reasonable enquiry.
The executor can apply to the court for directions or for construction of the will rather than choosing an interpretation and risking personal liability. The court gives effect to the will-maker's intention as expressed in the document, with extrinsic evidence admissible only in defined circumstances. Most of these applications trace back to homemade or outdated wills.
Not necessarily. It was once broadly true that estates bore the costs of these disputes, and that is no longer the position. An unsuccessful applicant may be ordered to pay costs personally, particularly where the claim was weak or the estate small.
More information
Despite your best intentions and planning for your death, others may feel you have treated them unfairly and challenge your Will.
Estate litigation and disputes lawyers 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
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.