Queensland Wills & Estates Law
Wills & Estates Contest Lawyers Across Queensland
Whether you believe a will is invalid, were left out without proper reason, or need to defend an estate claim, BJH Law provides clear advice and skilled representation across Queensland.
Who We Help
Estate Disputes Arise in Different Ways
Contesting a will or defending an estate claim is rarely straightforward. The legal grounds vary, the evidence required differs, and the relationships involved make these matters emotionally as well as legally complex. BJH Law represents clients across all sides of estate disputes.
The will is invalid
You believe the deceased lacked the mental capacity to make the will, was subjected to undue influence or pressure, or that the will was not properly executed. A successful validity challenge means the estate falls back on an earlier will or the rules of intestacy.
- Lack of testamentary capacity
- Undue influence or coercion
- Fraud or forgery
- Formal execution failure
You were unfairly left out
The will may be valid, but it makes inadequate provision for you as a spouse, child, or dependant. A family provision claim asks the court to order that the estate make proper provision for your maintenance, education, or advancement in life.
- Spouses and de facto partners
- Children (including adult children)
- Stepchildren and dependants
- Former spouses in some circumstances
You are defending a claim
As an executor, beneficiary, or trustee, you may face a challenge to the will or a family provision claim. Defending these proceedings requires careful preparation and clear evidence of the deceased's wishes and financial circumstances.
- Responding to family provision applications
- Defending validity challenges
- Executor removal proceedings
- Trust administration disputes
Act Before It Is Too Late
Strict Time Limits Apply to Estate Claims
In Queensland, a family provision claim must be filed within 9 months of the date of death. The court has a limited discretion to extend this period in exceptional circumstances, but relying on that discretion is risky and the threshold is high.
If you are considering challenging a will or making a family provision claim, seek legal advice as soon as possible. Do not wait until the estate is distributed.
9 months
from date of death
Family provision claims (Queensland)
6 months
from grant of probate
Some validity challenges. Seek advice promptly.
What We Handle
Wills & Estates Services
Family Provision Claims
If a will leaves you with inadequate provision or nothing at all, you may be entitled to make a family provision claim. Eligible applicants include spouses, children, and dependants.
Contesting Will Validity
A will can be challenged on the grounds of lack of testamentary capacity, undue influence, fraud, or failure to comply with formal execution requirements.
Defending Estate Claims
As executor, beneficiary, or trustee, you may need to respond to a claim made against the estate. We represent defendants in contested wills and family provision proceedings.
Executor & Trustee Disputes
Where an executor or trustee is failing to administer the estate properly, misapplying assets, or acting in bad faith, we advise on remedies including removal applications.
Intestacy Claims
When a person dies without a valid will, their estate is distributed according to the rules of intestacy. We advise on entitlements and assist in contested intestacy disputes.
Proprietary Estoppel
Where a promise of inheritance was made and you relied on it to your detriment, a proprietary estoppel claim may provide a remedy even where no valid will exists.
Mutual Wills Disputes
Where two parties made wills on the basis of an agreement not to revoke, and one party has broken that agreement, we advise on enforcement and remedies.
Elder Financial Abuse
Assets transferred under pressure, through undue influence, or without genuine consent can be challenged. We act for families seeking to recover assets and hold perpetrators accountable.
The Process
From First Advice to Final Resolution
Free Consultation
We review the will, your relationship to the deceased, your financial circumstances, and what provision (if any) was made for you. You leave knowing whether you have a viable claim.
Evidence Gathering
We obtain the probate records, medical records where capacity is in issue, correspondence, and any other material that bears on the validity of the will or the strength of your claim.
Letter of Demand
Most estates respond to a formal letter before proceedings are filed. We write to the executor setting out your claim and the basis for it, and invite a settlement proposal.
Mediation
The court requires parties to attempt mediation before most contested estates matters proceed to trial. We prepare you thoroughly and negotiate hard on your behalf.
Court Proceedings
Where mediation does not resolve the dispute, we file and prosecute your claim in the Supreme Court of Queensland. Estate litigation requires specialist preparation and strong advocacy.
Settlement or Judgment
Most matters settle before a final hearing. Where they do not, we present your case and seek the court order you are entitled to. We advise honestly on the prospects at every stage.
Do Not Wait
Estate Assets Can Be Distributed Quickly
Once an estate is distributed, recovering assets from beneficiaries becomes significantly more difficult. If you are considering a claim, getting advice early protects your position. A free consultation costs nothing and tells you where you stand.
Where We Practise
Wills & Estates Lawyers Across Queensland
Take the First Step
Get Advice on Your Estate Matter Today.
Book a free consultation with BJH Law. We will review your position, explain the time limits that apply, and tell you honestly whether you have a viable claim or defence.