Contested Estates & Family Provision Claims
When there is a disagreement about an estate, understanding your position is an important first step
Disputes involving a Will or deceased estate can be particularly difficult.
They often involve family relationships, grief, financial concerns and events that occurred long before the person died.
For someone considering a claim, the first question may simply be whether they have any rights.
For an executor or beneficiary, the concern may be how a claim affects the administration of the estate and what should happen next.
At Watt & Severin, we take the time to understand the circumstances behind the dispute, explain the legal position and help you consider the available options.
How can we help?
Family Provision Claims
Advice if you believe adequate provision has not been made for you from an estate.
Challenging a Will
Advice where there is a question about the validity of a Will.
Defending an Estate
Advice for executors and beneficiaries when an estate is challenged.
Resolving Estate Disputes
Exploring practical ways to resolve a dispute where possible.
Family Provision Claims
What if a Will does not adequately provide for you?
A person generally has the right to decide how their estate will be distributed through their Will.
Queensland law does, however, allow certain eligible people to seek further provision from an estate in particular circumstances.
This is commonly referred to as a family provision claim.
Being disappointed with the terms of a Will does not, by itself, mean that a claim will succeed.
Whether a claim is available and its prospects depend upon the legal requirements and the particular circumstances.
We can help you understand:
whether you may be eligible to make a claim;
the provision made for you under the Will or intestacy;
your financial and personal circumstances;
the nature and value of the estate;
the circumstances of other beneficiaries;
relevant aspects of your relationship with the deceased; and
the process and options available to you.
Time matters
There are statutory time limits associated with family provision claims in Queensland.
If you are considering whether you may have a claim, it is important to obtain legal advice promptly rather than waiting for the estate administration to be completed.
Concerned about provision made for you from an estate? Talk to Watt & Severin as early as possible.
Challenging a Will
A dispute about a Will is not always a dispute about who received what
A family provision claim generally concerns whether adequate provision has been made for an eligible person.
A challenge to the validity of a Will is different.
Questions may arise about whether the document represents a legally valid Will or whether circumstances surrounding its preparation affect its validity.
These matters can involve issues such as the Will-maker's capacity, the circumstances in which the Will was made or questions about whether the required legal formalities were satisfied.
There may also be circumstances in which more than one document is said to represent the deceased person's final Will.
These are fact-sensitive issues.
We can review the available documents and surrounding circumstances and advise about the legal position and the appropriate next steps.
Defending an Estate
Executors have responsibilities when a claim is made
An executor may find themselves dealing with a claim against an estate even though they had no involvement in the circumstances giving rise to the dispute.
The executor's role is different from that of a beneficiary defending their personal entitlement.
If an estate is challenged, the executor needs to understand their duties, how the claim affects the administration and whether distributions should proceed.
We can advise executors about responding to claims, preserving the estate and managing the administration while the dispute is being addressed.
Beneficiaries may also need independent advice where their interests are affected by the outcome of a claim.
Dealing with a claim against an estate? Talk to us before taking further steps with the distribution.
Resolving Estate Disputes
Not every estate dispute needs to be decided by a Court
Estate disputes can be legally complex, but they are also deeply personal.
The history between family members can matter just as much to the people involved as the financial outcome.
Understanding that background helps us understand what is really driving the dispute and what a workable resolution might look like.
Where appropriate, negotiation or mediation may provide an opportunity to resolve the matter without requiring a Court to determine the outcome.
That can allow the parties to consider the legal issues, the costs and risks of continuing the dispute and the practical interests of those involved.
Where agreement cannot be reached and Court proceedings are necessary, we can advise about the legal process and the steps required to protect your position.
Concerns about an executor or the administration of an estate
Not every estate dispute involves challenging the Will itself.
A beneficiary may have concerns about the way an estate is being administered, delays in the administration, information being provided or decisions being made by an executor or administrator.
An executor may also face disagreement or allegations concerning the performance of their duties.
These situations need to be considered in the context of the particular estate, the governing documents and the executor's legal obligations.
We can review what has occurred, explain the respective legal positions and advise about the options available.
Estate disputes often have a long history
The legal issue may concern a Will or an estate, but the circumstances behind it may have developed over many years.
Family relationships, financial arrangements, care provided to the deceased, previous promises or expectations and the deceased person's circumstances may all form part of the background.
That is why our first step is to listen.
Tell us what has happened, who is involved and why you are concerned.
We can then identify the legal issues, explain what matters and help you determine how best to proceed.
Seek advice early
If you are considering challenging an estate, have received notice of a claim or are an executor dealing with a potential dispute, early advice is important.
Some estate claims are subject to strict time requirements, and an executor also needs to consider the consequences of distributing an estate while a claim or potential claim remains unresolved.
Talk to Watt & Severin about an estate dispute.