Estate Litigation · Queensland
Estate Litigation Lawyers
Concerned about unfair will provisions, questionable estate administration, executor misconduct or the validity of a will? We’ll guide you through your options and pursue a fair resolution.
- Free initial consultation with a lawyer
- You speak with the Principal, not a junior
- Mediation-first, court-ready approach
Book a free initial consultation
No obligation. Book a free consultation with our team to explore your legal options — we’ll get back to you promptly.
How we help
Our estate litigation services
Extensive experience in complex estate disputes — acting for executors and beneficiaries alike.
Contesting a Will
Challenging or defending a will on grounds like testamentary capacity, undue influence, fraud or improper execution.
Family Provision Claims
For eligible people left out of a will or not adequately provided for — seeking a fair share of the estate.
Informal Wills
Proving — or contesting — an informal document as the deceased’s true last will under s18 of the Succession Act.
Revoking Grants of Probate
Setting aside a grant where a later will emerges, capacity is in doubt, or an executor has breached their duties.
Executor & Beneficiary Disputes
Resolving conflicts over administration, distributions and accountings — for executors and beneficiaries alike.
Mediation & Resolution
Resolving estate disputes efficiently through mediation and ADR — and litigating firmly when it’s needed.
Why ROC Legal
Experience. Approachable. Dedicated.
Founded in 2017 by Principal Lawyer Robert O’Neil, ROC Legal pairs serious legal expertise with a genuinely human approach — you deal with the principal, not a junior.
You speak with the Principal
Direct access to a senior lawyer on every matter — not a rotating junior associate.
Mediation first, court-ready
We resolve most estate disputes through negotiation and mediation — and litigate firmly when it’s needed.
Clear, plain-English advice
We explain complex legal concepts in plain language and keep you informed at every step.
Contesting wills in Queensland
Contesting a will is a complex legal process that requires specialised knowledge and experience. It’s also often an emotionally charged situation — which is why we approach every case with sensitivity and professionalism.
Our lawyers are skilled in evaluating and pursuing the recognised grounds for contesting a will:
- Lack of testamentary capacity — the will-maker didn’t understand what they were doing
- Undue influence — someone pressured the will-maker into their decisions
- Improper execution — the will wasn’t signed or witnessed as the law requires
- Fraud or forgery
- Lack of knowledge and approval — the will-maker didn’t know or approve of the contents
We thoroughly investigate the circumstances surrounding the creation of the will, gathering the evidence to support your case.
How we run your dispute
We develop a tailored legal strategy based on the specific details of your situation. Depending on your matter, we:
- Analyse the validity of the will
- Gather and present compelling evidence
- Negotiate with other beneficiaries where possible
- Represent you in mediation and alternative dispute resolution
- Represent you in court proceedings if necessary
Wherever possible, we strive to resolve will contests through mediation or other forms of alternative dispute resolution — often a faster, less costly and less stressful path for everyone involved. Whether you’re challenging a will or defending against a challenge, we work diligently to protect your interests and secure a fair outcome.
Beyond will contests
Informal wills
Under section 18 of the Succession Act 1981 (Qld), a document that doesn’t meet the formal requirements of a will — an electronic document, handwritten note or unsigned draft — may still be recognised as the deceased’s true last will. We gather and analyse the evidence of the deceased’s testamentary intentions, whether you’re seeking to uphold an informal will or contest one.
Revoking grants of probate
A grant of probate can be set aside where a later will is 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. We work with forensic accountants, medical experts and other professionals as needed to build revocation applications.
Executor and beneficiary disputes
We help executors fulfil their duties properly — administration, distributions and accounting obligations — and help beneficiaries assert their rights to timely information and distributions. Where needed, we assist with applications to remove problematic executors, compel accountings or seek court intervention.
Strict time limits apply to will disputes
In Queensland you must generally give written notice of a family provision claim to the executor within six months of the death, and file the application within nine months. Extensions are limited and discretionary — get advice as early as possible.
A simple process
Three steps to peace of mind
Tell us your story
Book a free, no-obligation chat. We listen first and understand your situation.
We assess & advise
Clear, honest advice on your options, your prospects and the best path forward.
We act for you
We handle everything and pursue the outcome you deserve — keeping you informed throughout.
Questions
Estate litigation FAQs
What are the grounds for contesting a will?
Common grounds include inadequate provision (a family provision application), lack of testamentary capacity, undue influence, lack of knowledge and approval, and improper execution. We’ll advise which route applies to your situation.
Who can bring a family provision claim?
The deceased’s spouse (including de facto partners), children (including stepchildren and adopted children) and dependants as defined in the Succession Act 1981 (Qld).
What time limits apply?
Written notice to the executor within six months of the death, and the family provision application filed within nine months. Courts can extend time only in limited circumstances, at their discretion.
Will my dispute end up in court?
Usually not. We strive to resolve estate disputes through negotiation and mediation first — most matters settle without a trial. If court becomes necessary, we’re fully prepared to litigate.
Dealing with an estate dispute?
Book your free, confidential consultation today. No pressure, no obligation — just clear advice on your options.