Deceased Estate Disputes2024-10-14T12:10:07+00:00

dECEASED ESTATE

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

Deceased Estates

Deceased estate disputes often arise from disagreements over the distribution, management, or administration of an estate. Issues may involve challenges to the validity of a will, disputes over its interpretation, or conflicts related to the performance of an executor or administrator. Navigating these complexities requires not only legal expertise but also a compassionate approach to protect relationships and achieve a fair resolution.

At Axia Litigation Lawyers, we understand the sensitivity required in managing deceased estate disputes. Our experienced team is well-versed in the Succession Act 1981 (Qld) and the Trusts Act 1973 (Qld), offering strategic advice and robust advocacy. Whether you’re facing will challenges, inadequate provision claims, or executor conflicts, we are committed to providing clear, professional guidance to help resolve disputes effectively and protect your interests.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support

Every – Move – matters

Deceased Estates

Deceased estate disputes often arise from disagreements over the distribution, management, or administration of an estate. Issues may involve challenges to the validity of a will, disputes over its interpretation, or conflicts related to the performance of an executor or administrator. Navigating these complexities requires not only legal expertise but also a compassionate approach to protect relationships and achieve a fair resolution.

At Axia Litigation Lawyers, we understand the sensitivity required in managing deceased estate disputes. Our experienced team is well-versed in the Succession Act 1981 (Qld) and the Trusts Act 1973 (Qld), offering strategic advice and robust advocacy. Whether you’re facing will challenges, inadequate provision claims, or executor conflicts, we are committed to providing clear, professional guidance to help resolve disputes effectively and protect your interests.

Contact us: Monday to Friday : 9 am – 5 pm

Get Legal Support
Get Legal Support
Expert Will Contestation

Challenging wills with precision and legal expertise.

Compassionate Mediation Services

Navigating disputes with empathy and respect for all parties.

Strategic Executor Guidance

Providing executors with clear, authoritative legal direction.

Family Provision Claims

Assertively advocating for rightful provision from estates.

Every – Move – Matters

how Axia Can Help With a deceased estate dispute.

Axia Litigation Lawyers offers a compassionate and comprehensive legal service in deceased estate disputes, fully cognisant of the need to approach such sensitive matters with a view to preserving interpersonal relationships where possible.

Our expertise in estate law and litigation is applied with a keen awareness of the emotional complexities involved. We ensure our clients’ legal positions are advanced with both efficacy and empathy, providing a robust legal advocacy for our clients. Our assistance includes:

We begin by conducting a thorough assessment of the dispute, examining the will, any claims against the estate, and the overall estate administration to provide our clients with a clear understanding of their legal standing and options.

Our clients are provided with strategic counsel regarding the strengths of their deceased estate dispute, possible resolutions, and the most judicious course of action tailored to their specific situation, whether that entails negotiation, mediation, or, if necessary, proceeding to litigation.

With a preference for amicable resolutions, we utilise our negotiation skills to facilitate agreements that avoid unnecessary litigation, always considering the impact on family and beneficiary relationships. Our lawyers are skilled in mediation, a dispute resolution mechanism that can preserve family harmony while addressing estate matters.

In instances where judicial intervention becomes necessary, Axia Litigation Lawyers assertively represents our clients’ interests in court, all the while conducting proceedings in a manner designed to reduce the potential for long-term relational damage.

We guide executors and trustees through their duties and responsibilities with a focus on maintaining the respect and trust of all parties involved, and we stand ready to defend their actions if challenged.

We represent both applicants and respondents in family provision claims with a sensitive touch, recognising the emotional weight such claims can carry.

Our efforts to protect the estate’s assets are conducted with the dual aim of preserving the estate’s value and maintaining the integrity of familial or beneficiary relations

In the aftermath of a defamation judgment, we will ensure the enforcement of court orders, including the collection of awarded damages and the execution of injunctions to protect your reputation. Should the verdict necessitate an appeal we will provide concise advice on your options.

  • Case Evaluation

  • Legal Advice

  • Negotiation and Mediation

  • Litigation

  • Executor and Trustee Advice

  • Family Provision Claims

  • Protection of Assets

  • Compliance with Legal Obligations

Case Evaluation
We begin by conducting a thorough assessment of the dispute, examining the will, any claims against the estate, and the overall estate administration to provide our clients with a clear understanding of their legal standing and options.
Legal Advice
Our clients are provided with strategic counsel regarding the strengths of their deceased estate dispute, possible resolutions, and the most judicious course of action tailored to their specific situation, whether that entails negotiation, mediation, or, if necessary, proceeding to litigation.
Negotiation and Mediation
With a preference for amicable resolutions, we utilise our negotiation skills to facilitate agreements that avoid unnecessary litigation, always considering the impact on family and beneficiary relationships. Our lawyers are skilled in mediation, a dispute resolution mechanism that can preserve family harmony while addressing estate matters.
Litigation
In instances where judicial intervention becomes necessary, Axia Litigation Lawyers assertively represents our clients' interests in court, all the while conducting proceedings in a manner designed to reduce the potential for long-term relational damage.
Executor and Trustee Advice
We guide executors and trustees through their duties and responsibilities with a focus on maintaining the respect and trust of all parties involved, and we stand ready to defend their actions if challenged.
Family Provision Claims
We represent both applicants and respondents in family provision claims with a sensitive touch, recognising the emotional weight such claims can carry.
Protection of Assets
Our efforts to protect the estate's assets are conducted with the dual aim of preserving the estate's value and maintaining the integrity of familial or beneficiary relations
Post-Judgment Assistance
In the aftermath of a defamation judgment, we will ensure the enforcement of court orders, including the collection of awarded damages and the execution of injunctions to protect your reputation. Should the verdict necessitate an appeal we will provide concise advice on your options.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

what is a deceased estate?

Deceased estates cover all the assets and liabilities of a person who has passed away. In the context of Australian law, and more specifically under Queensland legislation, the management and distribution of a deceased estate are governed by the Succession Act 1981 (Qld) among other relevant statutes and common law principles. The deceased estate encompasses a range of elements, which can include:

This includes land and any structures on it, such as houses or commercial buildings owned by the deceased.

This refers to movable assets such as vehicles, boats, furniture, jewellery, artwork, and other personal effects.

These are the financial interests of the deceased, including bank accounts, stocks, bonds, superannuation, and interests in trusts or investment portfolios.

If the deceased owned or had a stake in a business, this would form part of the estate.

Proceeds from life insurance policies where the deceased was the insured party and the estate or a specific individual is named as the beneficiary.

Any debts, including mortgages, personal loans, credit card debts, and other obligations that the deceased was responsible for at the time of death.

This is an emerging area and can include digital accounts, social media, online businesses, and cryptocurrency holdings.

The estate also includes the deceased’s legal rights and entitlements, such as claims they were entitled to pursue at the time of death. It’s important to note that certain assets may not form part of the deceased estate for the purposes of administration and distribution. For example, assets owned as joint tenants typically pass by survivorship to the other joint owner(s) and do not form part of the deceased’s estate.

Frequently Asked Questions About Deceased Estates

A deceased estate dispute arises when there is a disagreement over the distribution, management, or interpretation of a deceased person’s will or estate. This can involve contesting the will, disputes between beneficiaries, or issues with the estate’s administration.

In Queensland, a will can be contested by individuals who had a close relationship with the deceased, such as spouses, children, dependents, or sometimes even those in a close personal relationship with the deceased at the time of their passing.

Grounds for contesting a will may include lack of testamentary capacity, undue influence or duress, fraud, the will being improperly executed, or the existence of a later will. Additionally, claims may be made if adequate provision for maintenance and support has not been made for eligible persons.

In Queensland, you have six months from the date of the grant of probate or letters of administration to contest a will. It is crucial to seek legal advice as soon as possible if you are considering contesting a will.

A family provision claim is made when an eligible person believes they have not been adequately provided for in a will. The court can make an order for provision out of the estate if it finds the claim justified.

An executor is responsible for administering the estate according to the will’s terms. Their duties include collecting assets, paying debts, and distributing the estate to beneficiaries. Yes, their decisions can be disputed if they act outside their powers, breach their duties, or are perceived to be acting in their own interests.

Yes, an executor can be removed by the court if they are found to be unsuitable, incapable, or have a conflict of interest that affects their duties. Removal is typically sought by beneficiaries through legal proceedings.

If there is no will, the estate is distributed according to the rules of intestacy outlined in the Succession Act 1981 (Qld). These rules set out a statutory order of relatives who are entitled to a share of the estate.

Without a will, an estate is distributed according to the intestacy rules, which typically prioritise spouses, children, and then other relatives. The exact distribution depends on the family circumstances of the deceased.

Mediation can help resolve deceased estate disputes by providing a neutral environment for parties to discuss their differences and work towards a mutually acceptable solution without the need for litigation.

A litigation lawyer represents the interests of their client in a deceased estate dispute, providing legal advice, negotiating settlements, and representing the client in court if necessary.

Costs can vary depending on the complexity of the case and the length of proceedings, including legal fees, court costs, and potential settlement amounts.

A will cannot be changed after death, but the distribution of the estate can be altered if all beneficiaries agree through a deed of family arrangement or if the court orders a variation under certain circumstances.

An insolvency situation in a deceased estate occurs when the estate’s liabilities exceed its assets, making it unable to pay all its debts. The estate must be administered according to the rules of insolvency, prioritising certain creditors.

It is advisable to seek legal counsel to understand your rights and the appropriate steps, which typically begin with a formal assessment of the claim and potentially issuing a legal notice or application to the court.

These FAQs offer general information about Deceased Estate Claims under Queensland law. For personalised advice and expert assistance with your case, it is highly recommended to consult with our legal professionals specialising in professional negligence claims.

Every – Move – Matters

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