Address
The Greenhouse, Level 4/97 Boundary St, West End QLD 4101
Phone
(07) 3703 1888
Email
admin@directlawyers.com.au
Direct Lawyers is a Brisbane-based Wills and Estates law firm focused exclusively on Succession Law. Our team assists individuals and families across Queensland with estate disputes — from initial advice through to court proceedings where necessary.
Estate litigation is a field where experience and focus genuinely matter. Because we practise exclusively in Wills, Estates, and Succession Law, we bring a depth of knowledge that generalist firms cannot replicate. We are based in West End, Brisbane, and offer mobile appointments for Brisbane clients — we come to you. For clients across Queensland, we offer remote appointments via phone or video call.
What Is Estate Litigation?
Estate litigation is the legal process of resolving disputes that arise after a person has passed away. In Queensland, these disputes are governed primarily by the Succession Act 1981 (Qld) and may involve contesting a Will’s validity, making a family provision claim, or resolving conflicts between executors and beneficiaries.
Areas of Estate Litigation We Handle
Family Provision Claims
A Family Provision Claim is an application to the court seeking a greater share of a deceased person’s estate. Eligible applicants include spouses, children, and certain dependants who were not adequately provided for under the Will or intestacy laws.
Contesting a Will
A Will can be contested on grounds including lack of testamentary capacity, undue influence, or improper execution. If there are genuine concerns about whether a Will truly reflects the deceased’s intentions, those concerns can be examined through the court process.
Executor Disputes
Disputes between beneficiaries and executors, or between co-executors, can arise over delays in administration, alleged misconduct, or a failure to fulfil legal duties. In some cases, an executor can be removed or replaced by the court.
Capacity and Undue Influence
Where there are concerns that a person lacked the mental capacity to make a valid Will, or was pressured into making decisions that did not reflect their true wishes, these matters can be examined through litigation or a formal challenge.
How Estate Litigation Works in Queensland
Eligibility Under the Succession Act 1981 (Qld)
The Succession Act 1981 (Qld) sets out who may bring a family provision claim and the grounds on which a Will can be challenged. Not all disputes qualify — eligibility depends on the relationship to the deceased, financial circumstances, and the nature of the claim.
Time Limits for Claims
A notice of intention to apply for an estate litigation should be filed within six months of the date of death. This is an important deadline as it prevents the executor from distributing the estate and protects your right to make a formal application within the nine-month deadline.
Court Process: Mediation, Settlement, and Litigation
Most estate disputes in Queensland do not proceed to a final hearing. Many are resolved through negotiation or formal mediation before reaching the Supreme Court of Queensland. When parties cannot reach agreement, the court determines the outcome based on the evidence presented, including the terms of the Will, financial circumstances, and the deceased’s relationships.
Evidence Considerations
The strength of an estate litigation matter often depends on the quality of evidence. Relevant evidence may include medical records going to testamentary capacity, correspondence showing undue influence, financial records establishing dependency, and witness accounts of the deceased’s stated intentions. Early advice helps identify what evidence is likely to be relevant and how to preserve it.
Book an Initial Consultation
A focused session with one of our lawyers to: review your circumstances, explain your options clearly, and give you a personalised plan you can act on.
You leave with genuine legal advice — not general information.
Still unsure? Our free 10-minute discovery call is the place to begin. We will listen, point you in the right direction, and let you know honestly whether we can help.
Book a Discovery Call.
Contesting a Will vs Making a Family Provision Claim
These are two distinct legal processes. Understanding the difference is important before taking any steps.
| Contesting a Will | Family Provision Claim | |
|---|---|---|
| Purpose | Challenge whether the Will itself is valid | Seek a greater share of an otherwise valid estate |
| Who can apply | Anyone with a legitimate legal interest in the estate | Spouses, children, and certain dependants under the Succession Act 1981 (Qld) |
| Grounds | Lack of testamentary capacity, undue influence, improper execution, fraud | Inadequate provision for proper maintenance and support |
| Outcome if successful | The Will may be set aside; an earlier Will or intestacy laws may apply | The court may order a greater share of the estate to be distributed to the applicant |
| Time limit (Qld) | Governed by court discretion and limitation periods — seek advice promptly | Notice of intention should generally be given within six months of death. This helps prevent the executor from distributing the estate and preserves your right to apply within the nine-month deadline. |
How We Work With You
01
Initial Consultation
We listen to your situation, explain the relevant law, and help you understand what options are available.
02
Case Assessment
We review the Will, estate documents, and any relevant background to assess the strength and viability of your position.
03
Strategy and Evidence
We identify what evidence is needed, advise on realistic outcomes, and develop a clear approach tailored to your matter.
04
Negotiation and Mediation
Where possible, we seek to resolve the dispute without court proceedings through direct negotiation or structured mediation.
05
Court Proceedings (if required)
If the matter cannot be resolved, we represent you before the Supreme Court of Queensland with careful preparation and straightforward advice throughout.
Why Timing and Legal Advice Matter
Estate disputes carry real risks when handled without proper legal guidance — or when action is delayed too long.
Without Legal Guidance:
With Proper Legal Support:
Why Clients Choose Direct Lawyers
We practise only in Wills, Estates, and Succession Law, so every matter is handled with specialist knowledge.
Our team has experience appearing in the Supreme Court of Queensland in estate matters.
We explain the law clearly, without jargon, so you can make informed decisions.
Estate litigation involves families at difficult times; we handle every matter with care and sensitivity.
We are based in Brisbane and assist clients across Queensland.
Questions We Hear Most Often
Yes. In Queensland, a Will can be contested on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Not every concern about a Will’s contents will meet the legal threshold — seeking advice early helps clarify whether your grounds are likely to be recognised by the court.
Under the Succession Act 1981 (Qld), eligible applicants include spouses (including de facto partners and some former spouses), children (including stepchildren and adopted children), and certain dependants who were being maintained or supported by the deceased at the time of death.
For family provision claims in Queensland, notice of intention should generally be given within six months of the date of death, and the formal application must generally be filed within nine months of the date of death. Courts have some discretion to extend time, but acting promptly is strongly advisable. Missing either deadline can affect your rights and may result in your claim being dismissed.
Not always. Many estate disputes in Queensland are resolved through negotiation or mediation without a final court hearing. Where parties are willing to engage, a negotiated settlement is often faster and more cost-effective. Court proceedings become necessary when agreement cannot be reached or where urgent interim orders are required.
The cost of estate litigation can vary significantly. It depends on the type of estate dispute, the complexity of the issues, the evidence available, how the other parties respond, whether the matter settles early, whether mediation is required, and whether the matter ultimately proceeds to a court hearing or trial.At Direct Lawyers, we aim to be upfront about legal costs. We will explain the likely steps involved, the risks, and the costs that may be incurred at each stage of the matter. While it is not always possible to predict the total cost of estate litigation at the beginning, we will provide as much fee information as we can as early as possible.Our Estate Litigation Pricing Guide (Link?) can help give you a general idea of possible estate litigation costs. For advice about your specific matter, please book an initial consultation with one of our estate litigation lawyers.
Our Wills and Estates Services
Wills & Estate Planning
Plan ahead with confidence. Get tailored advice on Estate Planning in Brisbane, legally valid Wills,Testamentary Trusts, powers of attorney, and support from experienced Will Lawyers in Brisbane to protect your wishes and the people you care about.
Probate & Estate Administration
Get guidance through the estate administration process, including probate, asset distribution, executor duties, and Letters of Administration where there is no valid Will, with support from an experienced Estate Administration Lawyer.
Estate Disputes
Resolve contested Wills and family provision claims with clear legal advice during complex and emotional situations. We provide clear advice on Estate Litigation, contested Wills, executor disputes, and Family Provision Claims to help you understand your options and protect your interests.
Trusted by Brisbane Families
We work with individuals and families across Brisbane and Queensland to plan, manage, and resolve estate matters.
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