Your Gold Coast Advocate in Will Disputes
Robert O’Neil
Understanding Your Legal Grounds to Contest a Will
In Queensland a will is not untouchable. The law provides two primary pathways to challenge a will. The first pathway questions the fairness of the provision you received while the second pathway questions the legal validity of the will document itself. Identifying the correct pathway is the critical first step.
Pathway One: Have You Been Left Without Adequate Provision
This is known as a Family Provision Claim and it is the most common form of will contest. It does not argue the will is invalid but rather that it is unfair. The core purpose of the Succession Act 1981 (Qld) is to enforce a will maker’s moral duty to provide adequately for specific people in their life.
To make a claim you must be an eligible person including
- The deceased’s spouse a de facto partner or civil partner
- The deceased’s child including any stepchild or adopted child
- A financial dependant of the deceased at the time of their death
The court will carefully assess what is considered adequate provision. This involves a detailed analysis of the estate’s size, your current and future financial needs, your relationship with the deceased, and your own contributions to the family. Our expertise lies in presenting a compelling case that clearly demonstrates your need for a greater share of the estate.
Pathway Two: Is the Will Itself Flawed or Invalid
This type of challenge asserts that the will document has no legal effect. If successful, the court will set the will aside. This means either a prior valid will is used or the estate is divided by the rules of intestacy as if no will ever existed.
A will may be declared invalid for several serious reasons
- Lack of Testamentary Capacity: The will maker was not of sound mind, memory, and understanding when they signed the document.
- Undue Influence: The will maker was subjected to such pressure from another person that their free will was completely overcome.
- Knowledge and Approval Issues: The will maker did not know or approve of the contents of the will they were signing.
- Fraud or Forgery: The document or its signature is a forgery, or the will maker was deceived into signing it.
Navigate Estate Disputes With Confidence
Connect with our experienced team to discuss your needs and find the right path forward.
Your Strategic Path to a Fair Resolution
The legal system can seem intimidating especially when you are grieving. Our role is to remove this complexity and provide you with a clear strategic framework. We manage the entire legal process for you so you can focus on your family. Our approach is structured in four distinct phases designed to achieve the best possible outcome efficiently.
Phase One: Your Confidential Case Assessment
It begins with a conversation in the privacy of our Robina office. We will listen to your story and conduct a thorough review of the will and your circumstances. You will leave this initial meeting with a clear understanding of your legal standing, the strength of your potential claim and the precise steps involved.
Phase Two: Building a Powerful Case for You
Once you decide to proceed, we begin the meticulous work of building your case. We gather and compile all essential evidence including financial records, witness affidavits, and where necessary expert reports. This detailed preparation is the foundation of a successful claim and places us in the strongest possible position for negotiation.
Phase Three: Strategic Negotiation and Mediation
The overwhelming majority of estate disputes are settled without a final court hearing. We are highly experienced negotiators who will represent you at mediation and in discussions with the other party’s lawyers. Our objective is to secure your full and fair entitlement while sparing you the stress and expense of a protracted court battle.
Phase Four: Unwavering Advocacy in Court
If the estate’s representatives refuse to make a reasonable offer, we are fully prepared to advocate for you in court. We have extensive experience representing Gold Coast clients and will be your powerful voice in the Southport and Supreme Courts, standing firm to defend your rights.
Absolute and Unforgiving Deadlines in Queensland
This is the most time sensitive area of succession law. The time limits for contesting a will are not flexible guidelines, they are absolute deadlines set by the Succession Act 1981. If you miss these dates, your right to make a claim is permanently lost regardless of the strength of your case.
- Within 6 Months of Death You Must Give Notice
You are required to give formal written notice to the executor of your intention to bring a Family Provision Claim. - Within 9 Months of Death You Must File in Court
You must file your originating application and supporting documents with the appropriate court.
Because these time limits are so final it is imperative you seek legal advice immediately. We can take the necessary steps to protect your position and ensure all legal deadlines are met.
Real Resolutions for Gold Coast Families
Our greatest measure of success is the peace of mind and financial security we secure for our clients. We are proud to have helped these local families find a fair resolution during a challenging time in their lives.
“They explained everything… in a way I could actually understand.”
“After my father passed away, I felt completely lost and overwhelmed. Robert and the team at ROC Legal explained everything to me in a way I could actually understand. They were compassionate and professional from start to finish and achieved a wonderful result for my family. I felt supported the entire time.”
Sarah | Family Provision Claim | Robina
“A stressful process made simple and clear.”
“I cannot recommend this firm highly enough. They handled my estate matter with incredible expertise. What I thought would be a stressful and complicated process was made simple and clear. They truly care about their clients and fight for a fair outcome.”
David | Estate Dispute Resolution | Southport
Visit Our Gold Coast Law Office
Our office in Robina provides a private and professional setting for you to discuss your matter and find clarity on the path forward. We are a local firm dedicated to serving the Gold Coast community and we welcome you to meet with us in person.
Address
Promenade Mews
Shop 102, 137 Laver Drive
Robina QLD 4226
Phone
1300 196 219
Office Hours
Monday to Friday 9:00am to 5:00pm
Promenade Mews, Shop 102, 137 Laver Drive, Robina, QLD 4226
Your Gold Coast Will Dispute Questions Answered
This is the most common and important question we receive. We are committed to complete transparency with legal costs. During your free initial consultation, we will explain our fee structure and provide you with a detailed costs agreement so there are no surprises. Crucially in most successful Family Provision Claims, the court will order that your legal costs be paid out of the deceased’s estate. This means you are not left out of pocket as the costs are typically covered by the estate funds before the final distribution is made.
The timeframe depends on the complexity of the matter. A claim that resolves at an early mediation can often be finalised within six to nine months. If the matter is more complex and requires a court hearing at the Southport Courthouse it may take twelve to eighteen months. Our primary objective is always to achieve the most efficient resolution possible without compromising the strength of your outcome.
It is highly unlikely. The reality is that over 95 percent of will disputes in Queensland settle out of court through negotiation or at a formal mediation conference. The court system is designed to encourage settlement. While we prepare every case as if it is going to trial, our strategic goal is to secure you a fair resolution without you ever needing to step inside a courtroom.
Yes, you can. Estrangement does not automatically disqualify an eligible person from making a successful Family Provision Claim. The court will need to examine the complete history and the specific reasons for the estrangement as one part of its overall assessment. It is a sensitive issue that we have significant experience in presenting to the court in its proper context.
Find Out Where You Stand Today
You do not have to accept an unfair will. The most powerful step you can take right now is to arm yourself with knowledge. Understanding your legal rights is the beginning of taking back control of your future.
We invite you to have a free no obligation discussion with our Principal Lawyer Robert O’Neil. He will listen to your story, review the will, and provide you with clear straightforward advice. This first conversation costs you nothing and everything you share is held in the strictest confidence. Contact us today to find your path forward.
We’re estate & compensation legal experts, and we’re waiting to take your call. Get in touch with the legal professionals who care at ROC Legal.