Client Resources | Advice Library | 1300 334 566 |

Contesting a Will and Estate Disputes

Have you been left out of a Will or treated unfairly in an Estate? 

Our estate team is here to help you, with offices conveniently located in Brisbane North and South, Gold Coast and the Sunshine Coast. We are also available by phone 1300 334 566. Or email info@bcglaw.com.au

 

Who are we?

 

Established in 1974, Bennett Carroll Solicitors is well known as one of the largest law firms outside of the Brisbane CBD. Our well- balanced practice has experience in many areas of speciality including Wills & Estates, Commercial Law, Conveyancing, Family Law and Litigation. We dedicate ourselves to quality work in these diverse areas and make a point of being accessible to our clients.

Why Bennett Carroll?

For more than 45 years, Bennett Carroll have been offering professional and practical legal advice for wills and estates to ensure you obtain the most appropriate estate planning and protection for you and your family.

We understand the complexities of family relationships and business structures, deal sensitively with each client’s concerns and make a point of ensuring all of our client's expectations are met.

 

What Can We Help You With?

  • Estate Disputes
  • Contesting a Will
  • Tribunal Matters

Our estate team is here to help you, with offices conveniently located in Brisbane North and South, Gold Coast and the Sunshine Coast.  We are also available by phone 1300 334 566. Or email info@bcglaw.com.au


Left out of the will? Family provision applications explained 

Wills are designed to provide a deceased persons’ family and friends with clarity as to how their estate’s assets will be distributed.

But what happens when a family member is left out? What if the provision is inadequate? Or, what if the deceased person dies without a will?

Under section 41 of the Succession Act 1981 (Qld) if any person dies, with or without a will, and no or inadequate provision is made from the estate for proper maintenance and support of an eligible person, the court can make an order for provision from the estate.
Continue reading... Left Out of a Will? Family Provision Application Explained


What can beneficiaries do when executors are misbehaving?

An executor is a person appointed by a will to carry out the deceased’s wishes. This includes funeral arrangements, obtaining probate, discharging debts and keeping proper accounts. The most notable duty is that executors must collect, protect, manage and distribute estate assets to beneficiaries in accordance with the will. 

When will executors be engaging in misconduct? Can an executor be removed? Who will pay the legal costs? Continue reading..What can beneficiaries do when executors are misbehaving?


Testamentary Capacity - Contesting Wills

One of the side effects is that in the last five years, there has been a sharp rise in the incidence of attacks on Wills, based on the argument that the Testator (the person who signed the Will), did not have capacity to make a Will, at the time the document was signed.

Continue reading... Testamentary Capacity- Contesting Wills 

 


Three ways to contest a Will:-

1.             The Will was not executed properly.
2.             Lack of testamentary capacity.
3.             Application for a provision (previously called testator’s family maintenance). 

Continue reading.. Contesting Wills 

 

You have suffered the loss of a loved one.WHAT HAPPENS NEXT?
?
- Free Download

Our estate team is here to help you, with offices conveniently located in Brisbane North and South, Gold Coast and the Sunshine Coast. 

We are also available by phone 1300 334 566.

 

Or email info@bcglaw.com.au

See Also:

Before Death: Helping the Executor to your Will 

Who to Notify Checklist- Estate Planning

Will & Enduring Power of Attorney FAQ's

With law firms located in Brisbane (Upper Mount Gravatt and Stafford), the Sunshine Coast (Kawana) and the Gold Coast (Robina and Mermaid Beach) - our experienced solicitors are available to assist you with your will and estate matters now. To talk to a lawyer near you, please contact us today. 

 


 

 


 

Will Frequently Asked Questions (FAQ’S)

  • Why do I need a Will?     
  • What is a Power of Attorney?
  • What if a person dies without leaving a Will?       
  • Why do I need an EPOA?
  • Is my current Will valid?         
  • Who can be my attorney?
  • Why can’t the Public Trustee prepare my Will?
  • Why can’t the Public Trustee prepare my EPOA?
  • Who is an Executor?   
  • How does an Enduring Power Of Attorney differ from a General Power Of Attorney?
  • Who are beneficiaries?
  • Do you need to register the Enduring Power Of Attorney?
  • How can I avoid a challenge to my Will?        
  • How do you revoke your Enduring Power Of Attorney?
  • Can you Omit someone from your will?         
  • What is a Health Directive?
  • What about funeral arrangement requests?  

Legal Q & A (click for audio) -  Wanting to leave a child out of will, worried about estate money used fighting it

Legal Q & A (click for audio) - Thoughts on the Public Trustee doing my will? 
 

Legal Q & A (click for audio) - I have been appointed an executor to a Will, what happens now? 

Click here for articles on your subject

Click here to ask a question

Download our Estate Planning & Administration Flyer

FREE Checklist- Who to notify -Estate Planning

WILLS & ENDURING POWERS OF ATTORNEY FAQ’S