At Pathway Legal, we understand that dealing with wills and estates matters can be emotionally challenging. Whether you’re planning for the future or facing a dispute over a loved one’s will, our experienced team provides clear, practical advice to help you navigate these complex situations.
Will Dispute Lawyers: Expert Support When You Need It Most
Have you been unfairly left out of a will or received an inadequate provision? At Pathway Legal, our specialist will dispute lawyers understand the emotional and financial impact this can have. We’ve helped countless clients across the Gold Coast, Sunshine Coast and Queensland generally successfully contest wills and secure fair outcomes.
When someone passes away, their will should properly provide for eligible family members and dependents. Unfortunately, this doesn’t always happen. If you believe you’ve been unfairly left out of a will, you may have grounds to contest it through a family provision claim or by challenging the will’s validity.
Our experienced estate litigation team will guide you through every step of the process, from initial assessment to resolution, whether through negotiation or court proceedings if necessary.
Contesting a Will: Your Options
There are two main ways to dispute a will in Australia:
- Family Provision Claims – If you’re an eligible person who hasn’t received adequate provision from the estate, you can make a family provision claim. This doesn’t challenge the validity of the will but seeks a fairer distribution of assets.
- Challenging Will Validity – This involves contesting the will itself based on grounds such as:
- Lack of testamentary capacity (the will-maker didn’t understand what they were doing)
- Undue influence (someone pressured or manipulated the will-maker)
- Fraud or forgery
- Improper execution (the will wasn’t signed or witnessed correctly)
Our will dispute lawyers will help determine the best approach for your specific circumstances.
Who Can Contest a Will?
Not everyone can challenge a will. Generally, eligible persons include:
- Spouses or de facto partners
- Children (including adopted or step-children in some cases)
- Former spouses (in certain circumstances)
- Dependants who received regular support from the deceased
- Other family members who can demonstrate a close relationship or dependency
We’ll help you understand whether you qualify and what options are available to you.
The Will Dispute Process
When you work with our will dispute lawyers, we follow a structured approach:
- Initial Consultation – We’ll discuss your situation and assess the merits of your potential claim
- Evidence Gathering – We collect relevant documentation and evidence to support your case
- Negotiation – Where possible, we attempt to resolve disputes through mediation and negotiation
- Court Proceedings – If necessary, we represent you through formal legal proceedings
- Resolution – We work towards achieving a fair outcome that properly recognises your entitlements
Time limits apply when contesting wills, so it’s important to seek legal advice promptly.
Wills
A will is a legal declaration by which a person, the testator, names one or more persons to manage their estate and provides for the transfer of their property after death. A properly drafted, up-to-date will is the only way to ensure your assets will be dealt with according to your wishes.
If you pass away without leaving a valid will, you’re deemed to have passed away ‘intestate’. In this instance, your estate will be distributed according to strict legislation, without regard to your personal wishes. This can add substantial cost and delay to the administration of your estate and leaves your loved ones with additional responsibilities and burdens.
Having a will relieves your loved ones of this burden and enables you to provide for them in a tax-effective manner. It ensures that your dependants are placed in the best possible position in the event of your death. It’s important to have a will even if your financial position is modest.
At Pathway Legal, we provide experienced legal advice to ensure your will is tailored to meet your individual needs and provides for your family and loved ones in a tax-appropriate and stress-free manner.
Power of Attorney
A General Power of Attorney allows you to appoint someone you trust to make decisions regarding financial matters for you while you have capacity to make decisions about those matters.
You may use a general power of attorney to appoint an attorney for a specific period or event (e.g., if you’re going overseas and need someone to sell your house or pay your bills).
It’s used while you can still make your own decisions and ends once you lose capacity to make those decisions (unless it’s a power of attorney given as security).
An Enduring Power of Attorney allows you to appoint someone you trust to make decisions about personal (including health) matters and/or financial matters for you.
An attorney for personal matters (including health matters) can only make decisions for you when you no longer have capacity to make those decisions.
You can decide when your attorney’s power to make decisions for financial matters begins, including:
- When you no longer have capacity to make those decisions
- Immediately
- From a specific date
- In particular circumstances or occasions
Here at Pathway Legal, we can assist you with drafting a Power of Attorney and ensure that it adequately reflects your wishes. We’ll help you make the right decision when appointing an attorney/s.
- give directions about your future health care
- make your wishes known and give health professionals direction about the treatment you want
- appoint someone you trust (an attorney) to make decisions about health care on your behalf.
Advance Health Directive
An advance health directive allows you to:
- Give directions about your future health care
- Make your wishes known and give health professionals direction about the treatment you want
- Appoint someone you trust (an attorney) to make decisions about health care on your behalf
Superannuation Binding Death Nomination
When a person dies, in most cases their super fund will pay the superannuation to the deceased’s nominated beneficiary. Superannuation paid after a person’s death is called a ‘super death benefit’.
If the rules of your super fund allow it, you can nominate the beneficiary for your super by making a non-binding or binding nomination.
If the super fund rules allow a binding death benefit nomination, you can nominate one or more dependants and/or your legal personal representative to receive your super.
If a deceased person didn’t make a nomination or made a non-binding nomination, the trustee of the fund may:
- Use their discretion to decide which dependant or dependants to pay the death benefit to
- Make a payment to the deceased’s legal personal representative (executor of their estate) for distribution according to the instructions in the deceased’s will
We can assist you to make or change your binding death nominations.
Estate Disputes
If you believe the will of a deceased estate doesn’t fairly provide for yourself and the family circumstances of the deceased, you can make an application to contest the will. This is called a ‘family provision claim’ and is sought to rectify wills whereby the will maker had a moral obligation towards a party whose entitlement isn’t enough for their maintenance and support.
At Pathway Legal, we can assist with:
- Contesting an estate through family provision claims
- Challenging will validity on grounds of testamentary capacity or undue influence
- Resolving executor disputes and conflicts between beneficiaries
- Defending a claim brought against the estate
Our estate litigation team understands the sensitive nature of these matters and works to achieve fair outcomes while minimising family conflict wherever possible.
Trusts
A trust is an arrangement whereby the legal owner of property (which includes real property, financial assets, goods and even businesses) holds that property, not for their own benefit, but for the benefit of another. The person entitled to the benefit of the property is known as the beneficial owner. The legal owner (Trustee) is the owner in name only. Everything that he or she does must be for the benefit of the beneficial owner (the Beneficiary of the trust). The Trustee owes a fiduciary duty (a duty of utmost good faith) to the Beneficiaries.
Our team at Pathway Legal are highly experienced in the area of Trusts. Many aspects of property law and probate law involve trusts and our Principal, Gail Allison’s continual exposure through case management in such areas and her experience as a practitioner ensure we provide you with the assistance you need.
What Our Clients Say
Your matter is our priority. To discuss your options, please get in touch with us today.
Will Dispute FAQs
How long do I have to contest a will?
In Queensland, you typically have six months from the date of death to notify the executor of your intention to make a family provision claim, and nine months to file court proceedings. Time limits vary by state and circumstance, so it’s important to seek legal advice promptly.
How much does it cost to contest a will?
Costs vary depending on the complexity of your case and whether it can be resolved through negotiation or requires court proceedings. We offer initial consultations to assess your case and can discuss fee arrangements, including potential “no win, no fee” options for suitable cases.
Can a will be contested if probate has already been granted?
Yes, a will can still be contested after probate has been granted, though time limits still apply. It’s generally easier to contest before probate, but our experienced will dispute lawyers can advise on your specific situation.
What happens if I contest a will and lose?
If your claim is unsuccessful, you may be liable for your own legal costs and potentially some of the estate’s legal costs. This is why we carefully assess the merits of your case before proceeding and recommend the most appropriate course of action.
Can I contest a will if I was promised something verbally but it wasn't included in the will?
Verbal promises aren’t automatically enforceable, but they may be relevant in certain circumstances. If you were promised an inheritance that wasn’t included in the will, our will dispute lawyers can advise whether you have grounds for a claim based on promissory estoppel or other legal principles.
