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At ROC Legal, we have extensive experience handling complex estate litigation matters. Our skilled lawyers can provide expert guidance and representation in disputes involving:
Contesting Wills
Contesting a will is a complex legal process that requires specialised knowledge and experience. Our expert lawyers are well-versed in the intricacies of succession law and can provide invaluable assistance throughout the entire process. We understand that challenging a will is often an emotionally charged situation, which is why we approach each case with sensitivity and professionalism.
Grounds for Contesting
Our lawyers are skilled in evaluating and pursuing various grounds for contesting a will, including:
- Lack of testamentary capacity
- Undue influence
- Improper execution
- Fraud or forgery
- Lack of knowledge and approval
We thoroughly investigate the circumstances surrounding the creation of the will, gathering evidence to support your case.
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Start Your Estate Planning Journey with Us
Connect with our experienced team to discuss your needs and find the right path forward.
Legal Strategy and Representation
Our team develops a tailored legal strategy based on the specific details of your situation. We can:
- Analyse the validity of the will
- Gather and present compelling evidence
- Negotiate with other beneficiaries when possible
- Represent you in court proceedings if necessary
Mediation and Alternative Dispute Resolution
Whenever possible, we strive to resolve will contests through mediation or other forms of alternative dispute resolution. This approach can often lead to faster, less costly, and less stressful resolutions for all parties involved.
Protecting Your Interests
Whether you’re challenging a will or defending against a challenge, our lawyers work diligently to protect your interests and ensure a fair outcome. We have a proven track record of successfully resolving will contests and can guide you through every step of this complex legal process.
By enlisting our expert legal team, you can feel confident that your rights are being protected and that you have the best possible chance of achieving a favourable resolution in your will contest case.
Informal Wills
Our expert lawyers possess extensive experience in handling complex cases involving informal wills under Section 18 of the Succession Act 1981 (Qld).
We understand the intricacies of proving that an informal document was intended to be the deceased’s last will and testament.
Our team meticulously gathers and analyses all relevant evidence, including electronic documents, handwritten notes, and witness testimonies, to build a strong case demonstrating the deceased’s testamentary intentions.
We also carefully consider issues of testamentary capacity and undue influence that may arise in these cases. Whether you’re seeking to uphold an informal will or contest one, our lawyers will guide you through every step of this complex legal process, ensuring your interests are vigorously represented.
Revoking Grants of Probate
As expert probate lawyers, we can handle complex cases involving the revocation of grants of probate. We understand the intricacies of the legal grounds for revocation and can skilfully navigate the court process to seek revocation when warranted.
Our team meticulously gathers and analyses all relevant evidence to build a strong case for revocation, whether it involves issues with the will itself or problems with the executor’s conduct.
We can assist in situations where a later will has been discovered, where there are concerns about the testator’s capacity or undue influence, or where an executor has breached their duties or has a conflict of interest.
Our lawyers can present compelling arguments to satisfy the court that revocation is justified and necessary for the proper administration of the estate. We work closely with forensic accountants, medical experts, and other professionals as needed to provide comprehensive support for revocation applications. Whether you’re a beneficiary concerned about mismanagement of the estate or an executor facing challenges to your appointment, we can guide you through every step of the revocation process. We aim to resolve matters efficiently where possible, but are fully prepared to litigate contested revocation proceedings when necessary. With our deep knowledge of probate law and proven track record in complex estate matters, you can trust our firm to handle your revocation case with the utmost skill, sensitivity and professionalism.
Disputes Between Executors and Beneficiaries
Our expert lawyers have extensive experience in handling complex disputes between executors and beneficiaries.
We understand the sensitive nature of these conflicts and can provide skilled guidance to resolve issues efficiently while protecting our clients’ interests. Our team can assist executors in fulfilling their duties properly, including providing advice on estate administration, asset distribution, and accounting obligations. For beneficiaries, we can help assert their rights to receive timely information and distributions from the estate. Our lawyers can negotiate on behalf of clients to reach amicable resolutions where possible. We can assist with applications to remove problematic executors, compel accountings, or seek court intervention in deadlocked decision-making. Our lawyers are experienced in mediation and alternative dispute resolution methods to help avoid costly court battles. We aim to resolve conflicts as quickly and cost-effectively as possible while ensuring the deceased’s wishes are carried out appropriately. With our deep knowledge of probate and estate law, we can guide clients through every step of addressing executor-beneficiary disputes, from initial investigation through to final resolution. Our goal is to facilitate the proper and timely administration of estates while protecting the rights and interests of all parties involved.
Family Provision Claims
Our expert lawyers have extensive experience in handling family provision claims and can provide skilled guidance through every step of the process.
Our team can assist eligible persons in evaluating the merits of a potential claim, gathering and analysing relevant evidence, and preparing a strong application.
We have in-depth knowledge of the factors courts consider in family provision cases, including the applicant’s financial circumstances, relationship with the deceased, size of the estate, and competing claims.
Our lawyers are adept at negotiating favourable settlements through mediation, often resolving matters without the need for a costly court hearing. However, if litigation becomes necessary, we have the expertise to vigorously advocate for our clients’ interests in court.
We can help executors respond to claims and fulfill their duties to the estate. Our team stays up to date on developments in this area of law to provide current, strategic advice. Whether you are considering making a claim or defending one, we offer comprehensive support to protect your rights and pursue a fair outcome.
We aim to resolve matters efficiently and cost-effectively while ensuring our clients’ needs are met. With our proven track record in family provision matters, you can trust our firm to handle your case with the utmost skill and care.
Contact us today for a consultation on your estate litigation matter. Our team has the knowledge and skills to handle even the most complex probate disputes.
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The ROC Legal Point of Difference
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