Estate and Trust Litigation

Estate and Trust Litigation

We understand that when it comes to administering estates and trusts, no two situations are the same and that sometimes, despite intentions, things do not always go to plan or run smoothly.

In modern families and when business is involved, there are frequently disputes and issues arising out of complex and problematic estates.

Our estate and trust litigation lawyers specialises in:

  • family provision applications
  • equitable claims and constructive trusts
  • solemn form probate claims involving the validity of a will
  • contesting the interpretation and drafting of wills
  • contesting the validity and interpretation of trust deeds and the rights of trustees and beneficiaries in relation to trusts, and
  • applications concerning the capacity of an adult or a will maker and any other matter involving disputed wills or trusts.

We can also assist charities in cy pres applications and represent and advise them in defending family provision applications.

Our senior lawyers have been appointed as an administrator in contested estates on numerous occasions and have acted as litigation guardian for infant beneficiaries.

Tim Whitney is an approved mediator of the Queensland Law Society specialising in mediating estate and trust disputes.

Scott Whitla is also a specialist in applications to the Queensland Civil and Administrative Tribunal (QCAT) and issues relating to the validity of transactions involving enduring powers of attorney.

Our personal approach - taking the time to know and understand our client’s unique situation and objectives - achieves timely and effective outcomes.

Dealing with a loved one’s estate can be hard enough, especially if it is complex or disputed, either by you or another party.

You want to know that you have the experts on board. Experts who care enough to get it right.