Estate Law

Estate Dispute Strategy QLD: How to Contest or Defend an Estate Estate disputes are among the most emotionally charged legal matters a family can face. They involve grief, family conflict, significant financial stakes, and strict legal processes that must be followed precisely. Whether you are considering contesting a will, defending an estate against a claim, … Read more

Appointing an executor who lives outside Queensland is legally possible, but it comes with unique considerations that require careful planning. A common question is whether an executor must strictly live in Queensland. The answer is no—under Queensland law, you may appoint someone who lives interstate or even overseas. That said, choosing an executor who resides … Read more

When a Will is challenged, the executor’s role quickly becomes more than administrative. You are responsible for protecting the estate, carrying out the deceased’s wishes, and making sure the law is on your side. In Queensland, success depends on knowing the process, acting within strict timeframes, and responding to claims in the right way. Disputes … Read more

Queensland courts can accept informal Wills—documents that don’t meet all the usual legal formalities, like having two witnesses. But getting one recognised can be challenging, expensive, and far from guaranteed. So, what counts as “informal”? Take, for example, a son who discovers a draft email on his late father’s computer. In the message, the father … Read more

Revoking a power of attorney becomes important when that trusted person starts making decisions against your wishes, mishandling your finances, or simply isn’t the right fit anymore. What was meant to protect you shouldn’t leave you feeling powerless. The good news is Queensland law recognises this, and provides clear, actionable steps to help you regain … Read more

Estate planning is often misunderstood as something only wealthy and elderly people need. But that couldn’t be further from the truth. Whether you own a family home, a business, or simply have superannuation or children to care for, having a sound estate plan is essential. In Queensland, failing to get it right can result in … Read more

An Enduring Power of Attorney is one of the most powerful safeguards you can put in place in Queensland. It ensures that if you lose the ability to make decisions, someone you trust is legally empowered to step in—protecting your personal, financial, and health interests. In this guide, we’ll explain how EPAs work, your legal … Read more

Protecting your estate from family provision applications in Queensland requires strategic planning, especially since 77% of claims are successful. While you can’t completely prevent someone from contesting your Will, you can significantly reduce the likelihood of a successful claim with the right approach. This article explores ten proven strategies to safeguard your legacy and ensure … Read more

What happens to my pet when I die? It’s a question more Australians are asking as pets become cherished family members. Without a clear plan, your beloved animal could end up in a shelter, with strangers, or even be put down. That’s why including your pet in your estate planning isn’t just a kind gesture—it’s … Read more

There is no question about it—everyone must make a Will to secure their legacy. However, it’s equally important that a person fully understands the nature and consequences of their decisions when creating one. What happens, though, if their mental capacity was impaired at the time? In Queensland, proving a lack of testamentary capacity is not … Read more

In this information age, we store a significant part of our lives online—our finances, memories, businesses, and entertainment. As a result, estate planning for digital assets has evolved from a niche concern to a vital aspect of modern estate planning in Australia. According to Statista, the number of Australian digital asset users is expected to … Read more

At ROC Legal, we recently achieved a significant victory in the Supreme Court of Queensland, securing a just outcome for our client in a complex estate dispute. Justice Treston’s decision reinforces fundamental principles of estate administration and the court’s power to intervene when executors fail to fulfill their duties. Case Background Our firm represented an … Read more

Many Australians are tempted by the convenience and apparent cost savings of online Wills and DIY Will kits. While these options may seem attractive, particularly during financially challenging times, it’s crucial to understand both their limitations and potential risks. This comprehensive guide explores the realities of DIY estate planning and why professional legal advice might … Read more

When an individual dies, their Will usually undergoes a legal procedure known as probate. However, while probate typically involves the Supreme Court validating a Will and authorising estate administration, serious concerns about the validity of a Will or its creation may require a probate caveat. Unlike its property law counterpart dealing with land title restrictions, … Read more

As a business owner, you’ve invested significant time, resources, and energy into building your enterprise. But what happens if you become incapacitated or pass away? Who will assume control of your business? How can you protect your family’s financial future and ensure your business legacy endures? These critical questions are at the heart of succession … Read more

In estate planning, handwritten Wills, also known as holographic Wills, present unique challenges when it comes to contestation. Whilst these documents may seem straightforward, they often lead to complex legal disputes. This article considers the intricacies of contesting handwritten Wills, exploring the grounds for contestation, the legal process involved, and the potential outcomes. If you … Read more

In Australian estate planning, the interplay between superannuation and Wills is often misunderstood, leading to potential complications for beneficiaries. Many Australians mistakenly believe that their superannuation is automatically covered by their Will, but this is not the case. Understanding the distinct nature of these two elements is crucial for effective estate planning. The Unique Nature … Read more

In the realm of estate disputes, few cases are as emotionally charged and legally complex as those involving allegations of undue influence and unconscionable conduct. The recent Court of Appeal decision in Bampton v Vourlides QCA 191 serves as a stark reminder of the intricate dance between familial relationships and financial decisions, especially when it … Read more

Introduction This case involves a dispute over the estate of Ms B, who died intestate (without a will) in a car accident on 30 June 2009. The applicant, who is the father of Ms B’s two children, sought a declaration that he was in a de facto relationship with Ms B at the time of … Read more