.Twohill Lawyers

Your Family Lawyers on the Gold Coast and Queensland

​"Lawyers you can trust"

So, let us help you by:-

  • Interpreting the Will of the deceased in terms of Estate laws;

  • Advising Executors and Trustees in regard to their duties and rights informing government bodies including Centrelink and Veterans' Affairs; 

  • Applying for Probate of the Will in the Supreme Court dealing with intestacy (where there is no Will);

  • Applying for Letters of Administration (if the Will is deemed invalid or is absent);

  • Identifying Estate assets and liabilities;

  • Obtaining Valuations of Estate property; 

  • Collecting Estate financial assets including superannuation, bank funds, shares, outstanding loans and insurance payouts;

  • Selling or transferring Estate property including estate auctions;

  • Paying Estate debts including mortgages, funeral costs and testamentary expenses;

  • Advising in regard to Family and Testamentary Trusts;

  • Administering Trust Funds; 

  • Distributing bequests and inheritances to beneficiaries;

  • Organising information for Estate Tax Returns;

  • Family mediation and negotiation; and

  • Contesting Wills and defending Estate litigation in the Supreme Court. 

Contesting a Will 

If you’ve been left out of a Will or have been unfairly treated in terms of the amount of your inheritance you may be able to make a claim against the Estate.

Who can dispute a Will?

It varies from State to State but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:-

  • Wife or husband;

  • De facto or same sex partner;

  • Former spouse or de facto partner;

  • Child, stepchild or grandchild;

  • Parent of a child of the deceased;

  • Parent, brother or sister;

  • Someone who was financially dependent on the deceased;

  • Carer of the deceased.

This is a very general guide only so please contact us  at Twohill Lawyers o discuss your particular circumstances.

Is there a time limit?

Yes, there is.  You have only 9 months from the date of their death to make a claim.  In certain circumstances we might be able to obtain an extension of the time limit so please contact us to discuss your situation.

What if I don’t believe the Will was valid?

You can challenge a Will if you believe that the Will is a forgery or if the person lacked the mental capacity to make a Will.  You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.

How do I make a claim?

Firstly, contact our Lawyers who can assess your claim and discuss the particular circumstances of your claim.  If it’s worth continuing we will contact the Executors and notify them of your claim.  We will then gather evidence, prepare documents and make an offer to the Executors. Many claims are settled through negotiation at this stage.  If the matter isn’t resolved then we can lodge documents with the Court to initiate proceedings.  We can still negotiate and, in some cases, mediation will be required by the Court.  Failing all else, we will proceed to a Court Hearing wherein the evidence will be presented and the Judge will make a decision.

We can help

At every stage of contesting or challenging a Will it’s important to have sound, experienced legal advice.  We have the skills to negotiate on your behalf to avoid costly court fees but if it comes down to Court we also have the skills to fight on your behalf.

Contact us  at Twohill Lawyers to find out more or to arrange an appointment.

Wills and Estates - Executors and Probate

Wills and Estate Planning

Planning for your family’s future after you’re gone is a really important legal task. If you take the time now to make an effective legally binding Will and Testament you can save your family not only stress but money in what will undoubtedly be a difficult time for them. 

Twohill Lawyers Will and Estate Planning Lawyers can help: -

  • Advise you in regard to Estate and Probate laws;

  • Write a will that maximises the inheritance for your family set up Family and Testamentary Trusts;

  • Advise you in regard to choosing Executors and Guardians;

  • Minimise the chance that your Will is contested and subject to litigation;

  • Advise in regard to Estate Tax (including Capital Gains) and financial concerns; and

  • Safely store your Will and other important legal documents at the same time as considering your Will.

We strongly recommend that you also put in place plans for any future incapacity through Power of Attorney and Guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered. 

Contact us  at Twohill Lawyers to find out more or to arrange a consultation with one of our Will and Estate Planning Lawyers.

At Twohill Lawyers we understand that dealing with a deceased Estate is one of the more difficult challenges in life.  From mountains of paperwork to legal jargon and simmering family disputes, they are the last things you want to deal with when you’re grieving the loss of someone important in your life.

Executors, Probate and Contesting Wills