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Contested Wills & Estates

Estate disputes, once a rarity, are now very common. People are both more aware of their rights to challenge a will they think is unfair or invalid, and more willing to exercise those rights.

It might be that the spouse, children or dependants of the deceased person consider that they have not been properly provided for by the last will of the deceased, or perhaps, that the last will is not a true reflection of the deceased’s wishes. This might be due to undue pressure while the will was being made or concerns that the deceased did not have mental capacity to make a will at the time.

Our award-winning team of expert Estate Litigation Lawyers is led by one of a handful of inheritance law specialists in Queensland. Christine Smyth is a Queensland Law Society (QLS) Accredited Specialist in Succession Law. No other Gold Coast law firm has anyone more highly recognised by their peers in this specialist field.

We can assist you with all Wills and Estates litigation, including:

  • Family provision applications (disappointed beneficiary claims)

  • Will validity challenges (e.g. undue influence; lack of testamentary capacity; lack of knowledge and approval; suspicious circumstances; fraud; forgery)

  • Applications for removal and appointment of executors and trustees

  • Applications for estate accounting to verify executor costs and asset dealings

  • Equitable claims (e.g. constructive and resulting trusts; undue influence; unconscionable conduct; estoppel)

  • Superannuation and life insurance claims

  • Construction and rectification applications (unclear will terms)

  • Obtaining compensation from a Power of Attorney who has acted improperly

  • Trust disputes (interpretation; enforcement; removal of trustees)

  • Acting as litigation guardian for minors and persons under mental incapacity

Book a free estate litigation initial consult with one of our expert Estate Litigation Solicitors today.

Meet the team

Connie Ung

Partner

Andrew Smyth

Consultant

Christine Smyth

Special Counsel

Hannah Kulaga

Senior Associate

Isabella Ashworth

Solicitor

Why choose Robbins Watson Solicitors?

Discover what makes us different.

Experience you can count on

With over 60 years in business, we position our clients and their businesses with the best advice to enable them to prosper.

We’re committed to you

We recognise your needs, assess specific priorities and objectives and develop strategies to meet them.

Enduring relationships

We generously invest time and expertise to understand our clients and build beneficial long-term relationships.

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We embrace technology to ensure our clients outcomes are delivered quickly, efficiently and cost-effectively.

What our clients have to say

As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

Cate B

Sean and his team have always been incredibly supportive and knowledgeable. Couldn’t recommend Robbins Watson Solicitors more!

B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

Ready to talk ? Book an initial consultation.

We can discuss your case and identify how we can work with you to achieve the best possible outcome.

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+61 7 5576 9999

Frequently Asked Questions (FAQs)

When do estate matters end up in court?

Litigation may occur if there are disputes over the validity of a will, interpretation of its provisions, or challenges alleging inadequate provision for eligible family members.

Who pays the legal costs in estate litigation?

Courts often order costs to be paid from the estate if the litigation was reasonably brought; frivolous or hopeless claims may result in the applicant paying their own costs.

What is a family provision application?

It is a claim by an eligible person seeking a greater share of the estate on the ground that the will or intestacy distribution fails to provide adequate provision for their maintenance and support.

Can an executor be removed by the court?

Yes, if an executor is not performing their duties properly or has a conflict of interest, interested parties can apply to have them replaced.

How long do I have to challenge an estate distribution?

Family provision applications should be filed within nine months of death, and other challenges must be commenced within applicable limitation periods; seek legal advice promptly.