Estate Litigation Lawyers Brisbane

When a loved one passes away, emotions can run high — and unfortunately, disputes sometimes arise over their Will or the handling of their deceased estate.

At Direct Lawyers, our experienced estate litigation lawyers in Brisbane help clients across Queensland and the Gold Coast resolve these disputes with compassion, clarity, and professionalism.

We understand this is a difficult time for your family. Our focus is on giving you clear legal advice, practical guidance, and supportive representation that protects your rights while aiming for a fair outcome.

We’re a dedicated Queensland law firm practising exclusively in Wills and Estate Law — including estate disputes, family provision claims, and applications before the Supreme Court.

What Is Estate Litigation?

Estate litigation refers to legal disputes that arise after someone passes away. These disputes may involve questions about a Will’s validity, disagreements between executors and beneficiaries, or claims brought by family members under the Succession Act 1981 (Qld).

Our litigation lawyers act for:

Beneficiaries seeking their rightful entitlements
Executors or administrators of an estate defending a Will
Family members bringing a family provision claim for adequate financial support

Whether your matter involves the Supreme Court, the Public Trustee, or private negotiation, we’ll guide you through every step of the process with clarity and care.

Ensuring the validity of a Will with Direct Lawyers

When it comes to estate matters, ensuring the validity of a will is crucial. Our experienced estate litigation lawyer is well-versed in the intricacies of the validation of a will.

For better or for worse, decisions set out by the Will of a deceased are not final. With the right legal basis and expertise, an estate can be challenged.

How to challenge an Estate: Legal expertise for validity and provision disputes

Are you facing challenges regarding a deceased’s directions outlined in a Will? The finality of a Will can be questioned with the right legal basis and expertise. Estate litigation typically involves two common scenarios:

Challenging the Validity of a Will in Brisbane

One of the most frequent reasons for challenging a Will is doubting its validity, often due to concerns about the deceased's "Testamentary Capacity" at the time of drafting and signing the Will.

"Testamentary Capacity" refers to the mental competence required to create a Will.

For a detailed explanation, refer to our FAQ: What is 'testamentary capacity' and how does it relate to making a Will?

Other factors that can cast doubt on a Will's validity include:

Whether the Will was signed and witnessed correctly.
Suspicions of handwritten changes made to the Will after the deceased's signature.
Belief in the existence of another Will created by the deceased.
Unclear or subject-to-interpretation language within the Will.

For a deeper understanding of how intestacy works, consult our FAQ: What happens if I die without a Will?

2. Family Provision Application & Disputes

Certain family members of the deceased have the right to apply for a "Family Provision Application" to seek a court order for a specific share of the estate.

This type of application differs from most other litigation because, even if the applicant is unsuccessful, the court often orders the estate to cover the applicant's legal fees.

This reduced financial risk can make pursuing a "Family Provision Application" a more viable option.

Eligible individuals who can make a family provision claim include:

Spouses (including de facto spouses and dependent former spouses).
Children (including stepchildren and adopted children).
Dependants, who were maintained or supported by the deceased and can be grandchildren, parents, or members of the deceased's household.

However, being eligible doesn't guarantee the court's acceptance of a "Family Provision Application." Courts consider various factors, including the applicant's needs and responsibilities, the relationship between the applicant and the deceased, societal expectations, and the provisions made by the deceased.

Whether you're considering challenging an estate or defending one from such a challenge, it's crucial to have an experienced legal professional from Direct Lawyers by your side to navigate this complex process effectively.

The importance of valid Wills and why validity matters in Estate Planning

Valid Wills are the cornerstone of responsible estate planning. Ensuring the validity of a Will matters profoundly because it provides clear instructions on how a person's assets and affairs should be managed after their passing.

A valid Will not only safeguards the wishes of the deceased but also minimises the risk of family disputes, legal complications, and potential distribution of assets against the testator's intentions.

It grants peace of mind to both the individual making the Will and their loved ones, as it streamlines the execution of their final wishes, ensuring a smooth transition of assets and responsibilities while upholding their legacy. In essence, the validity of a Will is fundamental to the successful realisation of one's estate planning goals and the protection of their legacy for future generations.

Our approach to Estate Litigation

At Direct Lawyers, we aim to resolve disputes efficiently and respectfully — through mediation, negotiation, or court proceedings when required.

Our experienced team will:

Review your situation and provide clear, tailored legal advice
Help you gather and assess relevant evidence
Represent you in mediation or court hearings if necessary
Keep you informed and supported throughout the process
We pride ourselves on being approachable and transparent. You’ll never be left in the dark about your options, fees, or next steps.

Why choose Direct Lawyers

✔ Specialist expertise: We practise exclusively in Wills and Estate Law — including estate disputes, probate, and succession planning.

✔ Fixed fees: Wherever possible, we offer clear, fixed-fee pricing so you can plan confidently.

✔ Local knowledge: Based in Brisbane, we assist clients across Queensland and the Gold Coast.

✔ Compassionate service: We understand that estate disputes often involve grief, tension, and uncertainty. We handle every matter with sensitivity and respect.

✔ Strong representation: Our team has experience appearing before the Supreme Court in Queensland and negotiating favourable outcomes for both claimants and executors.