Will Dispute Lawyers
Brisbane
Losing a loved one is difficult enough without the added stress of disputes over their estate. If you’ve been inadequately provided for in a will, left out entirely, or believe a will doesn’t reflect your loved one’s true intentions, you have legal rights in Queensland.
Our will dispute lawyers in Brisbane help families navigate contested wills and estate disputes with clarity, compassion, and a focus on achieving fair outcomes.
Are you eligible to contest a will in Queensland?
Not everyone can challenge a will in Queensland. The Succession Act 1981 (QLD) limits who has legal standing to make a claim, ensuring only those with genuine connections to the deceased can contest estate distribution.
1. Who qualifies as an eligible person?
2. What must you prove to succeed?
Beyond eligibility, you must demonstrate that the will has failed to make adequate provision for your proper maintenance and support, considering your financial circumstances, relationship with the deceased, and competing claims from other beneficiaries.
3. When should you act?
Conveniently located in Brisbane
Visit us
Unit 2B, Level 2/26 Wharf Street, Brisbane, QLD 4000
Working hours
Monday-Friday, 8:30 am - 5:30 pm
Contesting a will:
Your rights, our fight
Understanding whether you have grounds to contest a will can help you decide on the right path forward. Our Brisbane will dispute lawyers can assess your situation and guide you to the most relevant information. There are a few common reasons wills are usually contested.
| Inadequate provision (family provision claims) | Lack of testamentary capacity |
|---|---|
| The will doesn’t provide sufficient financial support for your ongoing needs, leaving you facing hardship despite your relationship with or dependence on the deceased. | The deceased didn’t have the mental capacity to understand what they were doing when making the will, potentially due to dementia, illness, or cognitive decline. |
| Undue influence or coercion | Fraud, forgery or invalid documents |
|---|---|
| Someone pressured or manipulated the deceased into making provisions they wouldn’t have otherwise made, overriding their true wishes. | The will was forged, improperly signed, inadequately witnessed, or the deceased was deceived about its contents. |
Speak with a will dispute lawyer in Brisbane now.
Start with a free consultation and get your case reviewed within minutes.
Our Unique Fee Reduction Guarantee
Satisfaction first:
Fees second
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
The compensation claim process: Your journey with GMP Law
We understand that the legal process can feel overwhelming, especially when you’re dealing with grief alongside it. At GMP Law, we’re here to guide you every step of the way:
Initial consultation
We take the time to understand your circumstances, review the will or estate issue, and assess the strength of your potential claim. Our estate and will dispute lawyers explain your legal options and likely outcomes clearly, with no cost for the initial consultation.
Information and document review
We review the will, estate assets, financial records, family background, and relevant communications to establish the legal basis of your matter, including where a public trustee is involved.
Building your case
Negotiation and mediation
Court proceedings (if required)
If an agreement can’t be reached, we’ll prepare your case and represent you in the Supreme Court. We advocate firmly to ensure your rights are protected and that you receive a fair outcome under the law.
Ongoing support and updates
Throughout the process, we keep you informed, answer your questions, and provide clear guidance so you always know what to expect and what comes next.
Why Choose Gerard Malouf & Partners
Contesting a will in Brisbane: What can you claim?
In Queensland will disputes, the focus is on ensuring adequate provision. Courts have broad discretion to adjust estate distribution based on individual circumstances.
Family provision outcomes
- Lump sum payments: Courts commonly order a specific monetary amount from the estate to provide for your ongoing maintenance and support needs.
- Property transfers: You may receive real property, personal items, or other estate assets rather than cash, particularly if this better meets your accommodation or practical needs.
- Percentage of the estate: Courts sometimes award a percentage share of the estate, particularly in complex matters involving multiple beneficiaries.
- Income streams or trusts: For applicants with ongoing care needs or disabilities, courts may establish trusts or regular payment arrangements rather than single lump sums.
Factors affecting your claim Courts consider:
Courts consider:
- Your current and future financial resources and needs
- The size and composition of the estate
- Your relationship with the deceased
- Competing claims from other eligible persons
- Any explanation the deceased gave for their distribution choices.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee service.
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee spinal injury lawyers apart.
Meet our estate dispute lawyers
Meet our dedicated team of estate dispute lawyers in Brisbane, supported by offices across Australia. We specialise in helping families navigate will disputes and achieve fair, practical outcomes.
Let our experienced Brisbane will and estate lawyers guide and support you through every step of the process.
Frequently Asked Questions about will disputes in Brisbane
How long do I have to contest a will in Brisbane?
For family provision claims, you must:
- Give written notice to the executor within six months of the date of death.
- File your court application within nine months of the date of death.
While extensions may be granted in rare circumstances, missing these deadlines can severely impact your rights or prevent a claim entirely, so early legal advice is essential.
Can I contest a will if I'm an adult child who was left out?
Yes. Adult children can make a family provision claim if the will (or intestacy rules) fails to provide adequate support for their proper maintenance and advancement. Being financially independent does not automatically disqualify you, though courts will consider your financial position along with other relevant factors.
What happens if the estate has already been distributed?
Contesting a will after the estate has been distributed becomes significantly more difficult and may require special permission from the court. In some cases, it may no longer be practical to recover assets. This is why it’s vital to act before the six- and nine-month deadlines expire.
What if the executor won't provide information about the estate?
Executors are legally required to disclose key information about the estate once a dispute or claim is commenced. If an executor refuses to provide documents or details, your will dispute lawyer can apply to the court for orders compelling proper disclosure.
Where are your will dispute lawyers located in Brisbane?
Our Brisbane office is at: Unit 2B, Level 2/26 Wharf Street, Brisbane, QLD 4000
Located in the heart of the CBD, our office is under a 10-minute walk from Central Station and the Eagle Street Pier ferry terminal. Several nearby bus stops and convenient paid parking make accessing the office easy.
Talk to a Brisbane will dispute lawyer today
Start with a free consultation. Call 1800 004 878, or request a call back below.
