Will & Estate Dispute Lawyers Brisbane
Someone you trusted made a decision that wasn’t fair. You may have more options than you think.
Inheritance disputes are rarely straightforward. A will may fail to provide adequately for those left behind. Testamentary capacity may be in question. Undue influence may have shaped the outcome. Whatever the circumstances, clear legal advice given early is what separates a resolved dispute from a drawn-out one. Boyle Litigation acts for individuals and estates in will and estate disputes across Queensland and nationally.
The scale of the problem
Most Australians assume estate disputes happen to other families. The numbers suggest otherwise.
~60%
of Australians have a written will — meaning roughly 8.3 million adults do not
$2.4 trillion
in assets expected to transfer from Baby Boomers to the next generation
~620,000
existing wills are expected to be contested across Australia
8.27 million
Australian adults estimated to have no will in place (ABS, 2022)
Australia is in the early stages of one of the largest intergenerational wealth transfers in its history. Baby Boomers — those born between 1946 and 1964 — hold a significant portion of the nation’s private wealth. As that wealth passes on, disputes over how it is distributed are becoming more frequent, more complex, and higher in value.
When an estate involves substantial assets — property, business interests, investment portfolios, trusts — the stakes are real and so are the legal risks. Failing to act promptly can result in an estate being distributed before a claim is brought, or a limitation period running out.
Who we act for
Boyle Litigation acts for clients on both sides of a will or estate dispute — those challenging a will and those defending it. Our clients typically include:
Family members & beneficiaries
Adult children, spouses, and dependants who believe they have been unfairly excluded or inadequately provided for.
Executors & administrators
Individuals or institutions defending the validity of a will or the lawful administration of an estate.
Business owners & HNW individuals
Where estate assets include business interests, commercial property, or complex trust structures.
Trustee companies & advisers
Referrals from accountants, financial planners, and private wealth advisers where a client faces an estate dispute.
Types of will and estate disputes we handle
Family provision claims
Under Queensland’s Succession Act 1981, certain eligible persons — including spouses, children, and dependants — may apply for adequate provision from an estate if they believe the will, or the intestacy rules, have left them without fair support. These claims are time-sensitive. In Queensland, an eligible person generally has nine months from the date of death to make a claim.
Challenging testamentary capacity
A will is only valid if the person who made it had the mental capacity to understand what they were doing. Where a testator was suffering from dementia, cognitive decline, or another condition affecting their judgment at the time the will was made, the document may be open to challenge. Medical evidence and chronology matter greatly in these cases.
Undue influence and coercion
A will must reflect the genuine intentions of the person who made it. Where a beneficiary has used manipulation, pressure, or coercion to shape the contents of a will — particularly in the context of elder care, caregiving relationships, or financial dependency — that document may be challenged on grounds of undue influence. These cases require careful evidence gathering and a clear factual narrative.
Will validity and formal requirements
A will that was not properly executed — not witnessed correctly, signed under duress, or altered without authority — may be challenged on formal validity grounds. Informal documents that may represent testamentary intentions (such as handwritten notes or letters) can also give rise to litigation about whether they should be recognised as valid wills.
Executor disputes and removal
When an executor is failing in their duties — acting in their own interest, failing to administer the estate diligently, or creating conflict with beneficiaries — there are legal mechanisms to have them removed or compelled to act. We advise both executors who face such proceedings and beneficiaries who need to bring them.
Estate and trust construction disputes
Poorly drafted wills and trust deeds often produce disputes about what the document actually means. Where the wording of a will is ambiguous or its operation unclear, the matter may require judicial determination. These disputes sit at the intersection of property law, trust law, and litigation — territory Boyle Litigation navigates regularly.
How Boyle Litigation approaches will disputes
We are a commercial litigation firm. We do not do estate planning, probate administration, or general wills and estates work. What we do is disputes — and we bring that same strategic, outcome-driven approach to every estate matter we handle.
That means we start at the end and work backwards. Before committing to litigation, we identify: the realistic value of the claim, the strength of the evidence, the likely defences, the costs exposure, and the most efficient path to resolution — whether that is a negotiated outcome, mediation, or court proceedings.
Estate disputes can settle. Many do. But they settle better — and faster — when the other side knows you have the litigation capability to follow through.
Considering a challenge or facing one?
Early advice shapes every decision that follows.
Frequently Asked Questions
Can I contest a will in Queensland?
Yes. In Queensland, eligible persons — including spouses, children, stepchildren, and dependants — can apply to the Supreme Court for provision or further provision from an estate under the Succession Act 1981. Eligibility depends on your relationship to the deceased and the circumstances of the estate. Time limits apply: generally nine months from the date of death.
How long do I have to contest a will?
In Queensland, a family provision claim must generally be filed within nine months of the date of death. If probate has been granted, the executor can begin distributing the estate after six months — meaning assets may already be partially distributed by the time the nine-month period expires. Acting early protects your position.
What is the difference between contesting and challenging a will?
Contesting a will typically refers to a family provision claim — you are not disputing whether the will is valid, but seeking greater provision from it. Challenging a will goes further: you are arguing that the document itself is invalid, for example due to lack of testamentary capacity, undue influence, or improper execution. Both are distinct proceedings with different legal tests and time limits.
What does it cost to run a will dispute?
Costs depend on the complexity of the matter, the evidence required, and whether the dispute resolves before or at trial. We provide clear fee estimates at the outset and will give you an honest assessment of whether the likely recovery justifies the investment. We discuss funding options — including conditional fee arrangements in appropriate matters — at the initial consultation.
Can the executor distribute the estate while a dispute is running?
Once a family provision claim is filed, it becomes a matter for the estate’s legal advisers to manage carefully. In some circumstances, it is possible to obtain interim orders restraining distribution pending resolution of a claim. The earlier advice is sought, the more options are available.
Does Boyle Litigation handle estate disputes outside Queensland?
Yes. While we are based in Brisbane, we act on commercial disputes nationally. For estate matters, jurisdiction is typically determined by where the estate is being administered or where the deceased was domiciled at death. Contact us to discuss whether we are the right firm for your matter.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.