Wills and Estate Disputes
For caring, expert legal support in Brisbane, Logan, Ipswich and surrounds.
Estate disputes can be messy, complex and emotional. Nurture Law is here to ease you through the process.
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. No one wants to find themselves in the middle of a will dispute.
A will dispute occurs when someone disagrees with the details listed in a deceased person’s will, which can cause delays in the distribution of their assets. Unfortunately, these issues arise more often than you’d think, so seeking advice from a legal professional is often best.
No matter whether you’ve been appointed as an executor (the person responsible for carrying out the wishes of the deceased) or beneficiary (the person who receives assets from the deceased) of a loved one’s will, pursuing professional legal advice with a firm specialising in estate dispute resolution is essential. With more than ten years of experience in wills, estate planning, estate administration, probate and estate disputes, Nurture Law can help you achieve a fair and just outcome.
We’ll help you through the legal process with compassion and make sure you understand every step of the process with clear advice. We understand how emotionally charged estate and will disputes can be, so our team handles your matter with the respect and diplomacy it deserves.
Learn more about our estate dispute resolution services and book a free chat with Nurture Law today.
Five common reasons a will is contested
While no two estate disputes are the same, the validity or fairness of the will is usually the subject of contention. Some of the most common reasons include:
- Lack of testamentary capacity — A person contesting the will may argue that the deceased could not mentally comprehend the nature and effect of the will and was not in their right state of mind when it was made.
- Coercion — A will can be challenged if it is believed that the deceased was pressured into making specific requests. This is also known as undue influence. Undue influence occurs when someone uses manipulation or control to get the testator (the person making the will) to act against their true wishes.
- Inadequate distribution for dependents — Family members or dependents who were left out of the will or believe they have been inadequately provided for may dispute the will. This typically involves spouses (including de facto spouses), children (including stepchildren) and certain financial dependents who argue that the will did not meet what they are legally entitled to.
- Errors or discrepancies — A person can contest a will if there is evidence that the will contains mistakes or does not accurately reflect the testator’s true intentions.
- Fraud — If a will is created or altered through fraud, such as the deceased being tricked into signing a document without understanding what it says or if the signature on the will is forged, it can be challenged.
How we assist you during a will dispute — our three-step process
Our experienced wills and estate dispute lawyers strive to resolve conflicts and preserve relationships between parties amicably and collaboratively through estate dispute resolution. We achieve this through our simple three-step process:
- Consult — Book a free chat with one of our legal advisors to clarify the type of legal assistance you need.
- Plan — During your initial strategy and recommendations meeting, we’ll work with you to take steps that meet your objectives and uphold your best interests.
- Support — As we proceed through your matter, you receive ongoing support and stay updated on the status of your case.
- 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
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:
Nurture Law — experts in will contests and estate distribution in Queensland
Servicing individuals across Brisbane, Forest Lake, Brookwater and Eight Mile Plains, Nurture Law is your experienced partner in dealing with your wills and estate disputes. Our team aims to resolve your matter in the most efficient and just manner, providing you with clear communication and transparency throughout the entire process.
Don’t let a will dispute get in the middle of your family — work with a professional wills and estates lawyer today.
For more information about our estate dispute resolution services, please book a free assessment with a member of our team today.
Get a complimentary assessment of your estate claim or dispute.
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.