Estate Dispute Resolution & Litigation
Why engage Sheehan & Co. to assist you in resolving a Will dispute?
Sheehan & Co can assist you to make an application to the Supreme Court of Queensland:
disputing a deceased Will maker's capacity to make a Will made by him or her;
disputing a deceased Will maker's knowledge and approval of a Will made by him or her;
asserting that the deceased's Will maker made his or her Will "under duress" if there is good evidence to support such an allegation;
claiming further provision from the deceased Will maker's estate when no or inadequate provision has been made under the terms of the Will for you or your minor children; and
claiming an entitlement to estate property under contract or equitable principles.
We will generally investigate the circumstances surrounding the preparation of the deceased Will maker's Will, lodge a caveat (if necessary), commence or defend Supreme Court proceedings on your behalf.
We can also provide negotiation and mediation services to you in an endeavour to resolve the dispute.
Making an application for further provision out of a deceased's estate
Whilst it is generally accepted that a Will maker may leave his or her estate in any manner he or she chooses, the law recognises claims made for further provision of out of the estate by eligible claimants.
We will advise you as to whether or not you are eligible to make an application for further provision. Generally speaking, a "spouse" of the deceased, a "child" of the deceased, a "dependent" of the deceased are eligible claimants. These terms are specifically defined in the Succession Act 1981 (Qld). It is a matter of fact whether or not you fall within the relevant definition applicable to you. We are able to provide you with clear advice as to your eligibility.
Should you provide us with instructions to make an application to the Supreme Court, the general principles which a Court takes into account when assessing an application under the Succession Act 1981 (Qld) for further provision out of a deceased's estate include:
- the Court has a very wide discretion in determining applications;
- primarily the Court estimates your needs and the moral claim that you had for further provision from the Will maker;
- the size of the estate is always important; and
- in most cases there are also the needs and claims of persons other than the applicant which the Court will take into consideration.
It is important to note that any estrangement from the deceased does not disentitle you from making an application to the Court or prevent the Court from making an order for further provision out of the estate in your favour.
Sheehan & Co can apply to the Supreme Court for you to be appointed as a litigation guardian to protect the interests of family members who are minors or who have a disability.
Our services in this area are tailored to achieve better outcomes for you
Sheehan & Co have assisted many people across Queensland in resolving Will disputes. Our estate litigation team is headed by Michele Sheehan, Queensland Law Society Succession Law Accredited Specialist.
Please call us for preliminary advice as to whether we can assist you.
Make an appointment
Our office is centrally located within the Surat Basin and we are pleased to meet with clients in person, via telephone or home visit to discuss your legal needs in this area.
Remember - it pays to get the right advice!
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