© Marino Law 2024. All rights reserved.As an executor, I retained Marino Law to assist with a claim against the estate. Thanks to their expertise, we were able to avoid costly litigation. I highly recommend Marino Law for their professionalism and effective resolution.
Susan Titmarsh
WE LET OUR CLIENTS DO THE TALKING
They quickly gained an understanding of my situation and their advice was succinct, relevant and professional. They explained the issues in a manner in which I was easily able to understand. Highly recommend.
Robyn Farrow
Marino Law’s experienced team can guide you through every aspect of your family provision matter. Wherever possible, we work to achieve a fair and timely resolution without the need for court proceedings and in the most amicable way for all involved.
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150+ Years
Over 150 years of combined experience
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Achieving successful outcomes for clients for over 15 years
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Over 14,000 valued clients
Our commitment to you
Marino Law aims to provide legal expertise and knowledge of the highest level whilst retaining the approachable, client-focused mindset and personal service that a leading regional firm can offer.
Reputable professional open & honest communication. Provided complete transparency at all times along with a reliable and honest service.
Lee C.
WE LET OUR CLIENTS DO THE TALKING
A great experience even while interstate. Great communication. Always ready to answer questions and support process. Followed through with everything promised.
Poppy C.
Why choose Marino Law
Experienced
Multi-award winning, highly-qualified and experienced team of legal professionals.
Specialised
Recognised as leaders in our specialised areas of practice of business and personal law.
Practical
Practical solutions, strategic legal advice and a track record of success.
Personal & Business
Marino Law can handle all of your personal and business law requirements.
Affordable
Access premium legal services at Marino Law’s cost-effective rates.
Central
Easily accessed with easy parking, find Marino Law on the highway at Mermaid Beach.
Our location:
Our office is centrally located in Mermaid Beach on the Gold Coast and free parking is available nearby.
Office: Suite 6, Level 1, 2481 Gold Coast Highway, Mermaid Beach, QLD 4218
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Take your first step to supportive, compassionate and expert legal advice today. Let our team listen and provide you with the clarity and advice you need for your family.
EXCELLENCE
We will not waver in our pursuit of excellence and delivery of quality by working with you to ensure your expectations are exceeded and premium results are achieved.
CLIENT FOCUS
Our compassionate team will take the time to understand your personal objectives and legal issues so that we can tailor a strategy to help achieve your desired outcome. We work together with you to build long-lasting client relationships and to be your legal partner at every step required in your business and personal journey.
INTEGRITY
We will act with integrity, compassion and honesty and with a consistent and uncompromising adherence to strong and moral ethical principles and values.
TEAMWORK
Together we can achieve your goals. We will deploy the combined experience across our entire team to ensure you receive the best advice and service for all your personal and business legal needs.
INNOVATION
We will continue to remain agile and innovative to ensure we adjust and adapt to the ever-changing legal environment and technologies for you as the ultimate beneficiary.
WITH YOU ALL THE WAY
We will pursue your rights and interests with vigour. We will assist you with all your personal legal needs and ensure we are in your corner, with you all the way.
DEDICATED ESTATE LITIGATION EXPERTS.
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Know where you stand. Make an appointment today.
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There is a significant difference between challenging a will and contesting a will in QLD. Below, we have outlined some of the finer details to help you gain a better understanding of this complex area of law.
A challenge to a will is a challenge to the validity of the document itself. It’s usually as a consequence of:
- The will being improperly made (ie fraud or forgery or other suspicious circumstances);
- The will being made due to undue influence;
- The will-maker lacking the mental capacity (also known as testamentary capacity); or
- The will does not meet the formal requirements of the Succession Act 1981 (Qld) to constitute a valid will.
A successful challenge to the will renders it invalid, resulting in any earlier will or the rules of intestacy being followed thereafter to administer the deceased’s estate. Accordingly, the consequences for the estate and beneficiaries in question can be dire, including the loss of any intended benefit by the invalidated will from the estate.
A will can be challenged both before probate of the will has been issued by the Supreme Court (in which case a Probate Caveat should be urgently lodged with the Court) and after probate has been issued. If probate has been issued, it would require returning to the Court to convene a hearing to determine the validity of the will.
If the will is challenged prior to a grant of probate being issued, the responsibility of proving the will is valid can sometimes shift to the executor seeking to propound the will. This is why it is essential to take prompt action.
Challenging a will in QLD
Who can challenge a will?
When can I challenge a will?
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Submit our contact form for an obligation-free consultation. We assess your situation confidentially.
We meet with you and explain your rights and legal options. You’ll receive clear, practical advice on your options including the likelihood of success and what the process will involve.
Most family provision disputes are resolved without going to court. Once both sides have exchanged information, we seek to negotiate a suitable agreement through informal negotiations or mediation.
Get in touch to find out how we can help you
Get in touch to find out how we can help you
Professional, thorough and responsive. From first contact, my needs were accurately assessed. The team worked together coherently to develop the most appropriate response to the issue. There was clearly thorough research conducted on the matter and the final piece of work was strong and detailed.
Miranda K.
Professionalism during emotional times.
During an emotional time Marino Law was there to support and guide me through the process. I was really impressed with their professionalism and all aspects of the process defined, transparent and easily understood. Marino Law provided a calming influence and was able to carry out my family’s wishes whilst treating myself with respect and patience during this time.
Brett T.
With you all the way.
Have you been left out of a will or not adequately provided for? You may be entitled to make a family provision (estate litigation) claim.
REAL RELATIONSHIPS. PROVEN RESULTS.
Contesting a will is a right afforded to a specific class of people under the Succession Act 1981 (Qld) through the making of a family provision application (“FPA”).
Eligible applicants include the deceased’s spouse, de facto or registered partner, biological and adopted children, stepchildren and certain other people who are financial dependents of the deceased (either wholly or substantially). There must be grounds for contesting on the basis that the maker of the will had a moral obligation, yet failed to make appropriate or adequate provision for the claimant’s maintenance and support.
Contesting a will in QLD
Engaging in legal representation is pivotal in navigating the complexities of will disputes.
At Marino Law, we provide the following crucial services:
- Detailed interpretation and explanation of the legal landscape and potential avenues available to you.
- Preparation and filing of necessary court documentation.
- Accumulation of evidence and robust representation in court proceedings.
- Negotiation of a favourable settlement on your behalf.
Entrust your case to Marino Law, a distinguished legal firm specialising in will disputes.
In Queensland, there is a time limit that any claimant must inform the executor within six months from the date of the death of the deceased by written notice. Claims must also be filed within nine months following the death of the deceased. Failure to meet this timeframe may result in the distribution of the estate by the executor. The claimant’s right to make an FPA thereafter would be lost.
Extension rights may be given by the Supreme Court in certain circumstances, having regard to the length, reasons and circumstances of such delay.
Time limits to contest a will
Legal fees for contesting a will
Costs in such proceedings are at the discretion of the Court, which may award costs to a successful applicant (to be paid by the estate), while unsuccessful applicants may have cost orders made against them. Generally, however, if a claim is not frivolous or vexatious, the estate will usually bear the costs of the parties to the claim.
Get in touch to find out how we can help you
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Typically, a challenge to a will is usually made by a person who holds an interest in the estate, such as:
- A beneficiary or executor of the will;
- A beneficiary or executor of an earlier will; or
- If the deceased’s death occurred intestate (i.e. without a will at the time of death), a person who would stand to benefit from the deceased estate under the rules of intestacy in Queensland.
Legal costs of challenging a will
Where a challenge to the will is successful, the successful application may (subject to the discretion of the Court) receive a costs order in their favour. Where such a challenge is unsuccessful, the Court could potentially order the applicant to pay the Court costs of the application.
Get in touch to find out how we can help you
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Free Consultation
Case Review
Negotiation or Mediation
Court Representation (if required)
If necessary we can file formal court proceedings. Our team manage every step of the process, from preparing your case to representing you in court, ensuring your rights are protected throughout.
Get in touch to find out how we can help you
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Get in touch to find out how we can help you
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Book an appointment with our experienced team of Gold Coast will and disputes lawyers.
Gain clarity and confidence with our multi-award-winning, highly-qualified legal team
Experience premium representation with Marino Law’s cost-effective rates
Benefit from strategic advice, practical solutions and a proven history of outstanding results
Consult with recognised leaders specialised in will and estates law
Gold Coast’s Leading Lawyers for Will and Estates Disputes
Our dedicated will and Estates Lawyers bring deep expertise to the complex issues that arise when contesting or challenging a will, or navigating estate disputes.
Protecting Your Rights in Estate Disputes
Gain clarity and confidence with our multi-award-winning, highly-qualified legal team
Experience premium representation with Marino Law’s cost-effective rates
Benefit from strategic advice,
practical solutions and a
proven history of
outstanding results
Consult with recognised
leaders specialised in will
and estates law
Gold Coast’s Leading Lawyers for Will and Estates Disputes
Our dedicated will and Estates Lawyers bring deep expertise to the complex issues that arise when contesting or challenging a will, or navigating estate disputes.
Get in touch to find out how we can help you
OBLIGATION FREE
AWARD WINNING LAWYERS
With you all the way.
DEDICATED ESTATE LITIGATION EXPERTS.
Have you been left out of a will or not adequately provided for? You may be entitled to make a family provision (estate litigation) claim.
Marino Law’s experienced team can guide you through every aspect of your family provision matter. Wherever possible, we work to achieve a fair and timely resolution without the need for court proceedings and in the most amicable way for all involved.
Submit our contact form for an obligation-free consultation. We assess your situation confidentially.
We meet with you and explain your rights and legal options. You’ll receive clear, practical advice on your options including the likelihood of success and what the process will involve.
Most family provision disputes are resolved without going to court. Once both sides have exchanged information, we seek to negotiate a suitable agreement through informal negotiations or mediation.
If necessary we can file formal court proceedings. Our team manage every step of the process, from preparing your case to representing you in court, ensuring your rights are protected throughout.
Gain clarity and confidence with our multi-award-winning, highly-qualified legal team
Experience premium representation with Marino Law’s cost-effective rates
Benefit from strategic advice, practical solutions and a proven history of outstanding results
Consult with recognised leaders specialised in will and estates law
Gold Coast’s Leading Lawyers for Will and Estates Disputes
Protecting Your Rights in Estate Disputes
Gain clarity and confidence with our multi-award-winning, highly-qualified legal team
Experience premium representation with Marino Law’s cost-effective rates
Benefit from strategic advice,
practical solutions and a
proven history of
outstanding results
Consult with recognised
leaders specialised in will
and estates law
Gold Coast’s Leading Lawyers for Will and Estates Disputes
Our dedicated will and Estates Lawyers bring deep expertise to the complex issues that arise when contesting or challenging a will, or navigating estate disputes.
Get in touch to find out how we can help you
OBLIGATION FREE
Flexible funding to help pay legal bills and expenses for Family Law & Estate Matters
We have partnered with JustFund to provide a practical and compassionate solution for clients who need support navigating legal costs and expenses related to separation and estate administration matters – including mediation fees, court costs, accounting services, preparing a home for sale and more.
Through this partnership, eligible clients can access a flexible line of credit to help manage legal fees and expenses – without any repayments required until after a settlement is reached. Unlike traditional lenders, JustFund does not assess income or credit scores when supporting clients in Family Law and Estate Administration Matters.
How to access funding for Estate Administration
Get in touch to find out how we can help you
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Flexible funding with
AWARD WINNING LAWYERS
Flexible funding with
Will and Estate Litigation | Challenging A Will | Contesting A Will | Family Provision Claims
Family Provision Claims
Will and Estate Litigation
Challenging A Will | Contesting A Will