Estate Litigation

Delaney & Delaney is well versed in dealing with Estate Litigation.

This may take the form of a family provision application where a family member believes that they have not been adequately provided for (either under the terms of a will or under the rules of intestacy where there is no will). The Succession Act 1981 (Qld) allows a spouse, child or dependant (as defined by the legislation) to make a family provision application if they can show that adequate provision has not been made for their maintenance and support.

This is a complicated area of law and there are a number of factors a court will take into account when determining whether adequate provision has been made. There is also certain property to which a family provision order may not apply. The correct legal advice in the estate planning stages can help minimise the risk of a family provision application, along with the stress and cost of litigation.

We can assist you if you are an executor responding to a family provision application, or if you are an applicant considering or wishing to make a family provision application.

Litigation may also be required where the validity of a will is in question. This may be considered if the Will-maker did not have capacity at the time of making the will, or if the Will-maker was subject to undue influence at the time of making the will.  We are experienced in this field and will guide you through what can be a highly stressful and emotional process, especially given the context of loss and grief which characterises estate litigation.

We also regularly appear in the Queensland Civil and Administrative Tribunal on guardianship matters.

We have a proven track record of achieving positive outcomes for our clients in estate litigation matters. We appreciate the importance of practicing with great integrity in this area to ensure that estates are not unduly diminished by legal fees.