Estate Litigation Lawyers
Are you considering contesting a Will? If you feel you deserve more from an unfair Will, there may be something you can do. Knowing where to start can be challenging but our dispute lawyers remedy this with a streamlined process for your Will dispute.
Everyone deserves the right to legal representation, no matter their financial circumstances. We believe in our client’s rights and are dedicated to achieving your most profitable outcome in your estate claim.
If you believe you have reason to challenge a Will, give us an obligation free call at (07) 5444 1022 today.
No Win, No Fee
Will Dispute Lawyers
Our Will lawyers offer a “no win, no fee” arrangement for estate litigation matters covered under the Family Provision Applications (FPA) in the Succession Act 1981.
FPA claims involve a person with a closely defined relationship to the deceased who wishes to apply for a share of the deceased’s estate, or a larger share, due to the deceased not making an adequate provision for their maintenance and support.
No Win, No Fee Eligibility
To be eligible for “no win, no fee” will lawyer / inheritance lawyer services, you must be able to answer “yes” to the following questions:
Do you have a reason/need for provision (for example, dependent/infirm)?
Is the deceased a close relative (spouse/child/step-child) or are you a dependent of them?
Were you left out of, or not adequately provided for, in their will?
Family Provisions Application (FPA)
If you want to make an FPA claim you will need to give notice of your intention to do so within six months of the death of the deceased, with an application being commenced within nine months.
If you have not made your application within the nine-month application period the court may still hear the FPA, but will typically only allow it if one or more of the following criteria are met:
-
- The estate has not been distributed in full
- The application has a strong likelihood of success
- There were adequate reasons for the delay
- Unnecessary prejudice will not arise from the hearing
Self-imposed 1/3 cap on fees
Access to immediate and professional legal advice
No Win No Fee Agreement
Free initial consult
Deferred payment
Fair pricing based on the Court Scale
No uplift fees
Option to deliver services virtually or via telephone
Deceased Estate Administration
The death of a loved one is always difficult. If you’re the Executor, you’ll have the added responsibility of managing the deceased estates and related affairs. There can be significant legal and financial consequences if these are not properly carried out. If someone feels they were overlooked or were not sufficiently provided for, you can also find yourself needing to deal with a conflict over the contents of the will.
Our experienced wills & estate solicitors have been trusted by Sunshine Coast locals to handle their estate matters for many years. Our team is equipped to help you navigate the complexities of administering your loved one’s estate with understanding and sensitivity.
For most estate administration matters our estate lawyers will defer payment of our fees until funds are available to the estate. We can assist with obtaining grants of probate and letters of administration, releasing nursing home deposits, transferring ownership of real estate and assisting with any tax issues.
Binding Death Benefit Nominations
Many people are unaware that their Last Will & Testament does not direct what happens to their superannuation after death.
Generally, superannuation does not form part of a person’s deceased estate. The same principles apply whether superannuation is held in an industry or retail fund or is self-managed. Death benefit nominations are separate documents directing how your superannuation is paid on your death and are a crucial aspect of estate planning.
The class of beneficiaries who may be nominated is strictly regulated and it is important to make an informed decision when making a nomination. Without a current, valid death benefit nomination in place, your superannuation may end up in unintended hands when you die.
The experienced estate planning and will solicitors at our Greenhalgh Pickard Sunshine Coast law firm can guide and advise you in relation to your superannuation succession.
5 Star
Reviews
Join our satisfied clients! With over 640+ 5-star reviews, our proven track record speaks volumes about the quality and excellence you can expect from our services.
Experienced
Estate law experts
Our team at Greenhalgh Pickard are experienced estate lawyers who know the legal process and can offer practical advice to individuals tailored to their needs.
Quick
Response
We are committed to your satisfaction, and we pride ourselves on responding promptly to your concerns so that you can have peace of mind knowing we’re here for you.
What is Estate Planning?
Estate planning (also called succession planning) is putting strategies in place to ensure your personal and business interests are managed according to your wishes when you pass away or lose the capacity to manage them yourself.
Strategies vary depending on the type of assets you own, your family situation, and your personal intentions.
Our experienced Estate solicitors Scott Lorback, Rom Ferrier, Shania Gounder, can assist you with all estate matters, from planning with simple Wills and EPA’s to testamentary trust wills, mutual wills, to international asset planning, asset restructuring, business succession, superannuation succession, trusts, and complex family circumstances.
What is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney (also referred to as EPA or EPOA), directs someone to manage your financial and personal affairs if you are unable to manage them yourself, whether because of incapacity or absence. This is a critical and often overlooked document that is drawn up by a Solicitor that effectively nominates a person or persons to stand in your shoes to make decisions on your behalf. That person is known as your attorney.
It is important to seek legal advice from an estate planning lawyer before making an EPA to make sure that the attorney can perform the role as intended. If you lose capacity, but have not made a valid EPA, your family members may need to apply to a court or tribunal to be formally appointed to make decisions for you. Otherwise the Public Trustee or Public Guardian may take charge of your affairs.
Our Estate Planning Services
Simple Wills and EPA’s
Mutual Wills
Testamentary Trust Wills
International Asset Planning
In need of an Estate Solicitor on the Sunshine Coast?
Contact us today for advice.
The Family Law Amendment Act 2023 Explained
The Family Law Amendment Act 2023 (the “Act”) came into effect on 6 May 2024. The Act introduces significant changes to Australia’s Family Law Act 1975 and it applies to all new...
How to Effectively Prepare for an Interim Hearing
Interim hearings are crucial in family law proceedings. They are intended to address urgent issues that cannot wait until the final hearing. Understanding the purpose, process, and...
Effect of Domestic Violence on Children – 5 Assessment Considerations
Children's exposure to domestic violence is a significant concern within family law. Effects of family violence influence decisions related to child custody and parenting...
Contact Your Nearest Office
If you are interested in meeting with an accountant or lawyer regarding your business or commercial interests, please fill out the form to book an appointment or call (07) 5444 1022