Estate disputes
Guiding you through estate conflict with certainty and care.
Estate disputes can arise during the administration of a deceased estate, including challenges to a Will, disagreements over distribution, or concerns regarding an executor’s conduct.
Although a will represents a person’s final wishes and is a legally binding document, it can be challenged on various grounds.
These matters are often complex and subject to strict timeframes, requiring timely and considered legal advice.
We assist clients across the Gold Coast in resolving estate disputes efficiently and with a focus on achieving practical outcomes.
When can a Will be challenged?
- Lack of testamentary capacity
- Undue influence, coercion or duress
- Improper execution or fraud
- Inadequate provision under family provision legislation
Nearly 50 years of resolving estate disputes efficiently. Ask us for help.
SUPPORTING ESTATE DISPUTES
Get clear advice on your options in a complex estate matter.
Uncertain or disputed wills
If you are unsure whether a will is valid or believe it may not be the deceased’s final or genuine testament, we can assist. We investigate the circumstances, obtain key evidence, and advise on whether the will can be challenged or upheld, including Court proceedings where necessary.
Family provision claims
If you have been left out of a will or believe you have not been adequately provided for, you may be eligible to make a family provision claim. Eligible applicants commonly include spouses (married or de facto), children, stepchildren and dependants, with others sometimes included. We advise on eligibility, prospects, and negotiate or litigate to achieve fair provision. We also defend estates on behalf of executors who are facing such claims.
Executor uncertainty and Court directions
Executors often face unclear or silent terms in wills. This does not prevent estate administration but may require Court directions to ensure lawful and protected decision-making. We assist executors in interpreting wills, managing assets, resolving disputes, and completing administration with reduced personal risk.
Attorney transactions and estate recovery
Transactions made in circumstances where an Enduring Power of Attorney exits during the deceased’s lifetime – such as property transfers or financial transactions – may be reviewed after death. Where improper or unauthorised conduct is identified, or where assets have been transferred to an Attorney, those assets may be recovered into the estate. We advise on such transactions, and pursue recovery where appropriate.
Other tasks we can help with
Family conferencing services
Are you facing a dispute regarding a loved one’s estate? We facilitate structured discussions to help resolve estate-related disputes efficiently and without unnecessary legal escalation.
Professional executor services
If you do not have a suitable person to act as executor, or are dealing with complex estates, family dynamics or blended families. RobertsLaw can provide independent and impartial estate administration.