Will & Estate Dispute Lawyers Brisbane

Dealing with a disputed estate, whether as a beneficiary or an executor, can be extremely challenging and stressful. Contact Gibbs Wright to see if we can assist you on a no win no fee basis regarding your estate litigation dispute.

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Do you need an estate litigation lawyer?

Estate disputes are legal conflicts that arise when dealing with the assets left behind by a deceased person, known as their estate.

These disputes can include challenging the validity of a will, family provision claims, conflicts among executors or beneficiaries, issues with trust management, or complex estate matters involving substantial assets or debts.

Whenever you’re involved in such disputes, it’s crucial that you speak to expert estate litigation lawyers like us here at Gibbs Estate Litigation Lawyers.

We can help you navigate the complex legal landscape of estate disputes, help you understand your legal options, provide strategic advice, and represent your interests effectively in court to achieve a fair outcome in your favour.

Aside from its complex nature, estate litigation also often involves intricate legal procedures and strict deadlines. We can ensure that you will meet all these requirements while protecting your rights and interests.

Speak with us regarding your estate dispute and let us help you have the best chance of achieving a favorable outcome for your legal matter.

Will & Estate Disputes We Can Resolve

We work with executors, beneficiaries and individuals left out of a will in a number of different estate litigation disputes. In certain disputes, we can engage with you on a no-win no-fee structure, particularly for estates worth over $500,000 when we can tie our fee to a distribution that you will receive (for example, from the sale of an asset). Although you may not qualify for our no-win, no-fee structure if you are only entitled to a small share of an estate, we can still assist you with our experience litigation lawyers. We can help you with:

How to get started

Litigation can be complex and daunting, but we’ll make the process easier for you. Book a complimentary call today.
1

Tell us your
legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know
where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.
1

Tell us your legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.

Why Gibbs Wright

Our team of litigation lawyers are committed to protecting your rights and getting the best possible outcome for your situation.

What we do is very simple: we sue people, defend people when they get sued and negotiate resolutions to disputes to prevent proceedings from commencing. It’s the only thing we do and we do it really well.

Having done this for many years, we know the law and the legal processes like the back of our hands. But more importantly, we know how to win. No matter the industry you’re in or how complex your situation is.
When we take on your legal matter, you know that our team of expert litigation lawyers will fight for you not just for the sake of it. We will fight relentlessly so you can get back to business as soon as possible.  

Hear it from our satisfied clients

Expert litigators, ready to fight for you.

Emma Bettridge

Special Counsel

Emma is an experienced commercial litigator committed to giving her clients practical and solutions-oriented advice.

Spencer Wright

Litigation Director

Spencer leads the strategic operations at Gibbs Wright, with a wealth of knowledge on Queensland law and business operations.

Melany Dowse

Special Counsel

Melany represents a range of clients from individuals and small businesses to body corporates and insolvency practitioners.

Mitchell Caldwell

Senior Litigation Solicitor

Mitchell has degrees in both law and aviation management and has an extensive background in customer service.

Jannah Riley

Litigation Solicitor

Jannah is the newest member of the team with keen eye for litigation and a passion for client success.

Kathryn

Manager

Frequently Asked Questions

  • How do I contest a will if I believe it's unfair or invalid?

    To contest a will, you should consult with an estate litigation lawyer who can assess the validity of your claim. Common grounds for contesting a will include allegations of undue influence, lack of mental capacity, or improper execution. If you were dependent on the deceased (for example, financially or living in their house), and you have been left out of the will, or have received an inadequate share of the will, you may be eligible for a family provision claim.

  • What is a family provision claim, and who can make one?

    A family provision claim in Queensland allows eligible individuals, such as spouses, children, or dependents, to challenge a will if they believe they haven’t been adequately provided for. To make such a claim, you need to consult with an estate litigation lawyer, who can assess your eligibility and help you navigate the legal process.

  • What happens if a deceased person doesn't leave a will?

    When someone dies without a valid will, their estate is distributed according to intestacy laws in Queensland.

  • What's the role of an executor, and how are they appointed?

    An executor is responsible for managing and distributing the deceased person’s estate according to their will. They are typically nominated in the will. Executors have fiduciary duties and must act in the best interests of the estate and beneficiaries.

  • How long does estate litigation typically take?

    The duration of estate litigation can vary widely depending on the complexity of the case, the willingness of parties to negotiate, and court schedules. Some disputes may be resolved relatively quickly through negotiation, while others may take several months or even years if they go to trial.

  • How can I resolve estate disputes without going to court?

    Many estate disputes can be resolved through alternative dispute resolution methods like mediation or negotiation. These approaches can save time and money compared to going to court.

  • What happens if there's no valid will, and how is the estate distributed?

    When there’s no valid will (intestacy), the distribution of the estate is typically governed by state intestacy laws. These laws outline the order of priority for distributing assets among surviving family members.

  • What are the costs involved in estate litigation?

    The costs of estate litigation can vary significantly depending on the complexity of the case, legal fees, court fees, and other expenses. Many estate litigation lawyers offer initial consultations to discuss your case and potential costs. Some cases may be eligible for cost orders if successful in court.

Explore your legal options with Gibbs Wright Litigation Lawyers - Brisbane’s Leading Litigation Firm.

Our expert litigators will let you know where you stand and give you legal guidance.