Legal Support

For caring, expert legal support in Brisbane, Gold Coast and surrounds.

ESTATE DISPUTES AND RESOLUTIONS

Estate disputes and resolutions

Estate disputes can be messy, complex and emotional. Losing a loved one is difficult enough let alone having to engage estate lawyers and be involved in an estate claim or contesting a will. We’ll help you through the legal process with compassion and make sure you understand every step of the process with clear advice.
  • You believe you have been treated unfairly in a will or by the rules of intestacy  
  • You have concerns about the deceased’s capacity (e.g. they had dementia or cognitive impairment) or whether they were influenced when they made their will  
  • You’re an executor or administrator of an estate, someone is making a claim or challenging the will and you want to uphold your loved one’s wishes. 
  • You’re a beneficiary dealing with executors who aren’t doing their job  
  • You’ve noticed mistakes or ambiguities in a will  
  • Promises made by the deceased in their lifetime are not honoured in their will  
  • You’re dealing with power of attorneys who have breached their duties  
  • You suspect financial abuse of an elderly or vulnerable person  
  • You want to achieve an amicable settlement  
  • You want to maintain family relationships 
  • You want to reduce the impact of legal costs on your inheritance 
  • Terms and conditions apply and can be provided on request.  

Fixed Fees  

We offer fixed fees which means our focus is on resolving disputes in an efficient and cost-effective way rather than how many billable hours we can charge. 

Once we meet with you and get an understanding of your case, we’ll provide you with a tailored fixed-fee proposal for various stages of your claim. This means you know what you will pay from the start and there are no ‘uh-oh moments’ when the bill comes. 

No Win No Fee* and Deferred Fees 

Not many people can afford to pay a lawyer but we believe strongly that everyone has the right to access legal services, despite their financial circumstances. In most cases, we’ll act on a No Win No Fee* basis or defer payment of our legal cost to suit your financial circumstance.  

Here are some blogs we’ve written to help: 

Three ways a will can be challenged 

Get a complimentary assessment of your estate claim or dispute.

Super death benefit claims

Superannuation death benefit claims

Unhappy with how a super fund has allocated superannuation death benefits or life insurance to be paid? Experienced with the complaint process of various super funds and the Australian Financial Complaints Authority (AFCA), we can help you through the complaint process.
  • You need helping lodging a death benefit claim with a superannuation fund  
  • You’re disappointed about the super fund’s decision  
  • Someone has complained about a super fund’s decision in your favour and you’d like to know next steps 
  • You want to achieve an amicable settlement  
  • You want to maintain family relationships 
  • You want to reduce the impact of legal costs on your inheritance 

We offer fixed fees so our focus is on resolving disputes in an efficient and cost-effective way rather than how many billable hours we can charge. 

Once we meet with you and get an understanding of your case, we’ll provide you with a tailored fixed-fee proposal for various stages of your claim. This means you know what you will pay from the start and there are no ‘uh-oh moments’ when the bill comes. 

No Win No Fee* and Deferred Fees 

Not many people can afford to pay a lawyer but we believe strongly that everyone has the right to access legal services, despite their financial circumstances. In most cases, we’ll act on a No Win No Fee* basis or defer payment of our legal cost to suit your financial circumstance.  

Here are some blogs we’ve written to help: 

(Link to blog about superannuation death benefit claims) 

(Link to blog about how to track down a deceased person’s superannuation)  

Get assistance with a superannuation death benefit claim.

DECEASED ESTATE ADMINISTRATION AND PROBATE

Estate administration and probate

Been appointed as an executor of a will? Or maybe there is no will and you don’t know where to start? Sometimes estates can be complex to navigate. We can help make sure you confidently fulfil your duties as an executor, ensuring you don’t miss a thing.
  • You want help with some or all aspects of the estate administration such as communicating with banks and financial institutions, transferring or selling estate property, sorting out tax with your accountant, communicating with beneficiaries and distributing the estate 
  • You’re unsure if you’re fulfilling all your responsibilities and need a second pair of eyes that know what they’re looking for 
  • You need assistance with applying for probate or letters of administration. 

So there are no surprises, we have a range of fixed-fee packages. See our FAQ’s about exclusions that may apply to our packages.

Find out more with an obligation-free 15 minutes chat.

Just the grant

Suitable if you want to handle the estate administration yourself but need a hand with obtaining a grant of probate or letters of administration.
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$ 1,643 inc GST (plus expenses of approximately $900)
  • Obtaining the original will (if applicable) and death certificate
  • Review of will (if applicable) and death certificate
  • Publishing and serving notice
  • Preparing application and affidavits
  • Meeting with you to sign your application and affidavits
  • Court filing
  • Giving you certified copies of the grant

Probate plus

Perfect if you want to handle most of the estate administration yourself but just need advice about the steps to take, how the estate should be distributed and your obligations as an executor or administrator.
$ 2,257 inc GST (plus expenses of approximately $900)
  • Obtaining the original will (if applicable) and death certificate
  • Review of will (if applicable) and death certificate
  • Publishing and serving notice
  • Preparing application and affidavits
  • Meeting with you to sign your application and affidavits
  • Court filing
  • Giving you certified copies of the grant
  • Meeting with our experienced probate lawyer (up to 1.5 hours)
  • Recording of your meeting or report summarising advice

We handle it

Unsure where to begin and don’t have time to handle the estate administration yourself? Or perhaps the estate is complex and you need legal assistance with some or all aspects of the estate administration.
$ 295 Initial meeting inc GST
  • Once we’ve met with you, we’ll provide you with a tailored fixed fee quote for us to handle the estate administration to ensure you fulfil your obligations as an executor / administrator.

Transmission application

Suitable if you need to register an estate property into the name of the executor or administration so they can either sell the deceased person’s property or transfer it to beneficiaries.
$ 664 - 997 inc GST depending on if you have a grant of probate or letters of administration (plus expenses of approximately $250)
  • Obtaining current title search for the property
  • Obtaining original documents required for lodgement
  • Reviewing the death certificate and will (plus probate or letters of administration if obtained) and certifying copies
  • Drafting and signing Transmission Application
  • Drafting statutory declarations
  • Lodging necessary documents 
  • Providing you with a registration confirmation statement

Transmission application to the beneficiary in will

Perfect if you’re a beneficiary entitled to a property under a will and want to apply for the property to be transferred to you with the written consent of the executor.
$ 1,289 inc GST (plus expenses of approximately $250)
  • Obtaining current title search for the property
  • Obtaining original documents required for lodgment
  • Reviewing the death certificate and will (plus probate or letters of administration if obtained) and certifying copies
  • Drafting and signing Transmission Application and Consents
  • Drafting statutory declarations
  • Lodging necessary documents
  • Providing you with a registration confirmation statement

Record of death

Appropriate if you own a property as joint tenants with someone who has passed away, and you need to lodge a record of death to get the property into your name.
$ 439 inc GST (plus expenses of approximately $80)
  • Obtaining current title search for the property
  • Reviewing the death certificate and certifying copies
  • Drafting and signing Request to Record Death
  • Lodging necessary document
  • Providing you with a registration confirmation statement

FIND OUT MORE WITH AN OBLIGATION-FREE 15-MINUTE CHAT

Estate Planning

Wills and Estate Planning

We can help you and your family plan for the future, whether that be with a basic will or a comprehensive estate plan, so you can have peace of mind that the suitable arrangements are in place at the right time. Select from a range of wills and estate planning packages to suit your needs.
  • You want to make sure your will provides asset protection to beneficiaries and a tax-effective structure  
  • You want to make sure your inheritance is protected if your child is having relationship or financial problems by creating a testamentary trust  
  • You want to leave your estate to a loved one who is a person with a disability and need support setting up a special disability trust and / or protective trust  
  • You need help appointing an enduring power of attorney (someone you trust to handle your affairs if you are unable to when you’re alive) 
  • You need help with providing directions to your healthcare providers in the event you are unable to make decisions for yourself  
  • You want a professional review of your superannuation nominations to ensure they align with your estate plan  
  • You want to define how your company or family trust is passed when you’re gone 

Strategy and recommendation meeting

Once you have decided which package is right for you, we will book in a strategy and recommendation meeting with you. We require payment of $295 in advance for the initial meeting (which will be deducted from the price of your package) and the balance of your package will be payable at various stages. See our FAQs about exclusions that may apply to our estate planning packages.

So there are no surprises, we have a range of fixed-fee packages. See our FAQ’s about exclusions that may apply to our packages.

Find out more with an obligation-free 15 minutes chat.

I love you will

Suitable if you need a basic will and Enduring Power of Attorney. Most popular with singles and couples who have a small number of assets and beneficiaries are not at risk of family breakdown or bankruptcy. Basic wills don’t include complex gifting clauses and usually leave the person’s entire estate to their spouse with a substitute gift to their children.
Single $659
Couple $943
inc GST
  • Strategy and recommendation meeting with lawyer (up to 1.5 hours)
  • Will (not including any testamentary trust or complex gifting clauses)
  • Enduring Power of Attorney (financial and personal / health matters)
  • Meeting with you to sign your estate planning documents or detailed instructions to guide you
  • Certified copies of your documents for you to keep or give to your executor/s and attorney/s
  • Storage of your estate planning documents in our safe storage

I love you more will

Appropriate if you need a basic will and Enduring Power of Attorney but also have more substantial assets including superannuation and life insurance.
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Single $987
Couple $1,338
inc GST
  • Strategy and recommendation meeting with lawyer (up to 1.5 hours)
  • Will (not including any testamentary trust or complex gifting clauses)
  • Enduring Power of Attorney (financial and personal / health matters)
  • Meeting with you to sign your estate planning documents or detailed instructions to guide you
  • Certified copies of your documents for you to keep or give to your executor/s and attorney/s
  • Storage of your estate planning documents in our safe storage
  • Advance health directive (if necessary)
  • Review and recommendations about superannuation nominations
  • Statement of wishes
  • Digital asset register template

It’s complex

Perfect estate plan option for a blended family (i.e. step-children), if you wish to leave someone out of your will or are concerned someone may challenge your will. Also suitable if you are concerned about your inheritance being at risk due to your child or beneficiary having relationship or financial problems.
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Single $1,725
Couple $2,388
inc GST
  • Strategy and recommendation meeting with lawyer (up to 1.5 hours)
  • Testamentary discretionary trust will and / or complex gifting clauses in will
  • Enduring Power of Attorney (financial and personal / health matters)
  • Meeting with you to sign your estate planning documents or detailed instructions to guide you
  • Certified copies of your documents for you to keep or give to your executor/s and attorney/s
  • Storage of your estate planning documents in our safe storage
  • Advance health directive (if necessary)
  • Review and recommendations about superannuation nominations
  • Statement of wishes
  • Digital asset register template
  • Recording of strategy and recommendation meeting or report summarising strategy and recommendations
  • Additional pre-signing meeting with lawyer by Zoom or telephone to review and revise draft documents

It’s SUPER complex

Suitable if you have high net wealth, a number of business structures, family trusts and / or self-managed superannuation funds. This package is also worthwhile if you have a beneficiary with a disability or a beneficiary who is unable to manage their inheritance.
Single $3,354
Couple $4,329
inc GST
  • Strategy and recommendation meeting with lawyer (up to 1.5 hours)
  • Testamentary discretionary trust will and / or complex gifting clauses in will (If applicable, special disability trust and / or protective trust will)
  • Enduring Power of Attorney (financial and personal / health matters)
  • Meeting with you to sign your estate planning documents or detailed instructions to guide you
  • Certified copies of your documents for you to keep or give to your executor/s and attorney/s
  • Storage of your estate planning documents in our safe storage
  • Advance health directive (if necessary)
  • Review and recommendations about superannuation nominations
  • Statement of wishes
  • Digital asset register template
  • Recording of strategy and recommendation meeting or report summarising strategy and recommendations
  • Additional pre-signing meeting with lawyer by Zoom or telephone to review and revise draft documents
  • Review of documents associated with any entities (i.e. company, self-managed superannuation fund, family trust or partnership) and recommendations for succession planning (if appropriate)
  • Communicating with your accountant and / or financial advisor
  • Preparing binding death benefit nomination for any self-managed superannuation fund

Recently separated

You’ve most likely had a lot of changes in your life recently and updating your estate plan might be on the bottom of the list. It is however super important to update your estate plan after separation if you want to try and avoid your ex receiving your estate when you die.
$1,299 inc GST
  • Strategy and recommendation meeting with lawyer (up to 1.5 hours)
  • Recording of strategy and recommendation meeting or report summarising strategy and recommendations
  • Will (not including any testamentary trust or complex gifting clauses)
  • Enduring Power of Attorney (financial and personal / health matters)
  • Advance Health Directive (if necessary)
  • Review and recommendations about superannuation nominations
  • Statement of wishes
  • Digital asset register template
  • Meeting with you to sign your estate planning documents or detailed instructions to guide you
  • Certified copies of your documents for you to keep or give to your executor/s and attorney/s
  • Storage of your estate planning documents in our safe storage

FIND OUT MORE WITH AN OBLIGATION-FREE 15-MINUTE CHAT

How it works:

Get clarity on what you need by booking a free chat.
Get a plan by attending your initial strategy and recommendation meeting with us.
Get support. We’ll walk with you through the whole process ahead.

FAQ

  • If you have an entitlement to an estate, you won’t have to pay your fixed fees until you receive your entitlement from the estate.  
  • If you are an executor or administrator of an estate, we can defer payment of our fixed fees until assets are received by the estate.  
  • We may ask you to pay money towards expenses such as court filing fees. 
  • Terms and conditions apply and can be provided on request.  
  • No Win No Fee means that you only pay our fees if you are successful in your estate or superannuation death benefit claim.  
  • Sometimes there may be expenses such as court filing fees that will be payable by you whether you are successful or not. Once we’ve assessed your matter, we will tell you what these expenses might be.  
  • If you aren’t successful, you may be required to pay your opponent’s legal costs. 
  • We do not charge an ‘uplift fee’ or a percentage of the amount you receive from your claim by acting on a No Win No Fee basis. We simply charge our fixed fees which you only pay if you are successful. Terms and conditions apply and can be provided on request.  
  • Our wills and estate planning packages are designed to meet most circumstances. However, if we identify that your circumstances require more than what is included in our estate planning packages (e.g. you require an interpreter, there are concerns about your capacity to make a will or enduring document, or you need to change the way you own a property with someone) we will provide you with a tailored fixed fee. 
  • The ‘Just the grant’ and ‘Probate plus’ packages are not suitable for complex applications for a grant such as a grant of a lost will, a grant of an informal will (i.e. a will that doesn’t meet the formal requirements of a valid will), a limited or urgent grant. We will provide you with a tailored fixed fee proposal if these circumstances apply. 
  • If a renunciation is required because an executor does not want to act or none of the named executors are applying for the grant and letters of administration with the will are required, our fixed fee will increase by $275 inc GST. 
  • Our estate planning packages are for Queensland clients only.
  • Our estate administration and probate packages are for Queensland estates only.

It’s always best to have your will and other estate planning documents in place before unexpected circumstances happen. We understand that this isn’t always the case and you might require your will or other estate planning documents on an urgent basis. Because we will prioritise your work, we charge an additional fixed fee of $295 if there is any urgency to your estate planning.   

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