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Estate Dispute Resolution and Litigation

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Estate Dispute Resolution and Litigation

When a loved one passes away, disputes over their will or the distribution of their estate can add stress to an already difficult time. Our skilled team is here to provide you with the support and legal expertise necessary to navigate these challenges with confidence.

Challenging or defending a will involves several critical steps. Whether you believe the will does not accurately reflect the deceased intentions, suspect undue influence or fraud, or if you need to defend a will against such claims, our experienced lawyers will guide you through the process. We conduct thorough investigations, gather essential evidence, and present a compelling case to ensure that your voice is heard.

Additionally, if you feel that you have not been adequately provided for in a will, we can assist you with a TFM application. Our team is proficient in demonstrating the necessity and justifications for financial provision from the estate, ensuring that your rightful entitlements are recognised and upheld.

“We were very pleased with the way we were treated by Fallu McMillan Lawyers. They are very efficient and pleasant to deal with. Would recommend them for your legal needs.”

— Lorraine Buchanan

Frequently Asked Questions

My father left me out of his Will, can I challenge the Will?

Yes, in some circumstances, you may be able to challenge a Will if you have been left out. This is known as a family provision claim and involves proving that you have not been adequately provided for in the Will.

My x-partner has died and has not paid child support for years, can I make a claim on his/her estate?

It is possible to make a claim on the estate of a deceased parent who has not paid child support, but this will depend on the specific circumstances of the case. You should seek legal advice to determine your eligibility and the best course of action.

My father died 5 years ago and left everything to his girlfriend, now she has died and left everything to her children only, can I challenge her Will?
It may be possible to challenge the Will of your father’s girlfriend if you believe that your father’s Will was not properly executed or that your father did not have the mental capacity to make the Will. You should seek legal advice to determine your eligibility and the best course of action.
My mother had dementia, but apparently she made a Will only 2 weeks before she died, can I challenge the Will?

It may be possible to challenge the validity of your mother’s Will if you believe that she did not have the mental capacity to make the Will or that the Will was not properly executed. You should seek legal advice to determine your eligibility and the best course of action.

My father passed away recently leaving millions of dollars to myself and my niece in equal shares, can the Will be challenged?
It is possible for a Will to be challenged, but the grounds for doing so will depend on the specific circumstances of the case. You should seek legal advice to determine your eligibility and the best course of action.
Both my sister and her husband were killed in a car crash, who will look after the funds for their children now that both the parents are gone?
If both parents have passed away and there is no legal guardian appointed, the court will determine who will look after the funds for their children. This may involve appointing a trustee to manage the funds
Are there any time limits for bringing a testator’s family maintenance application in Queensland?

Yes, there are time limits for bringing a testator’s family maintenance application in
Queensland. Generally, an application must be made within 9 months of the date of death, but there are some exceptions. You should seek legal advice to determine the specific time
limits that apply to your case.

What is a Testators Family Maintenance (TFM) Application?
A Testator’s Family Maintenance (TFM) Application is a legal process that allows certain people to make a claim on the estate of a deceased person if they believe that they have not been adequately provided for in the Will. The aim of a TFM is to ensure that the deceased’s dependants are provided for after their death.
What is involved in a TFM?
The process of making a TFM application involves gathering evidence to support your claim, making the application to the court, and attending a hearing to determine the outcome. It is a complex process that requires legal expertise, so it is important to seek legal advice if you are considering making a TFM application.
Who is eligible to challenge a Will or an Estate?
10. In Queensland, certain people are eligible to challenge a Will or an estate. This includes spouses, children, and certain other dependants of the deceased. You should seek legal advice to determine your eligibility and the best course of action.
In any estate litigation, who is liable to pay the legal fees?
In estate litigation, the party who is ultimately liable to pay the legal fees will depend on the outcome of the case. In some cases, the estate may be required to pay the fees, while in other cases, the party challenging the Will may be required to pay the fees. It is important to seek legal advice to understand the potential costs involved.

Fallu McMillan: Ipswich Wills and Estate Lawyers

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