Disagreements about wills and estates can place further stress on families during an already emotionally charged time after a loved one passes.
Estate disputes can take months or even years to resolve and may even result in the breakdown of relationships among family members. The best way to reduce the risk of disputes after you’re gone is through careful and considered estate planning today.
Working with an experienced estate lawyer on the Gold Coast can help you develop a legally sound estate plan that reduces ambiguity and helps prevent misunderstandings.
The most common types of estate disputes
Estate disputes can arise for several reasons, particularly when family dynamics are complex, such as after divorce, remarriage or in blended families.
The most common types of estate disputes include:
Contesting a will
One of the most common disputes involves family provision claims. Under the Succession Act 1981 (Qld), eligible individuals such as spouses, children and certain dependants may apply to the court to contest a will if they believe they have not been adequately provided for.
This is an important consideration when preparing your estate plan. A wills and estates lawyer can help you understand family provision claims and structure your will in a way that reduces the likelihood of these claims arising.
Challenging the validity of a will
In some situations, the validity of a will itself may be questioned. This typically occurs when there are concerns about whether the person making the will had the mental capacity to do so, whether the document was properly signed and witnessed, or whether undue influence may have been involved.
Executor disputes
Executors are responsible for administering the estate, including collecting assets, paying debts and distributing the remaining assets to beneficiaries.
Disagreements can occur if beneficiaries believe the executor is not fulfilling their legal duties, delaying the administration process, or has not communicated clearly with family members around the management of the estate.
Administrative disputes
Administrative disputes may arise when there is confusion about how assets should be managed or distributed. This often happens when a will contains unclear instructions, fails to address certain assets, or when the estate involves complex assets such as property or business interests.
The steps to take to avoid estate disputes
Although not all disputes can be prevented, there are steps you can take to reduce the likelihood of conflict after your passing and ensure your wishes are respected.
1. Communicate your intentions to your family
Discussing your estate plans with family members can help manage expectations and reduce the risk of misunderstandings later. Open communication can also help your family understand the reasoning behind certain decisions, particularly if assets are being distributed unevenly.
2. Create a legally valid will
Creating a legally valid will is one of the most important steps in avoiding disputes. A carefully drafted will that clearly outlines how your assets should be distributed can avoid confusion and minimise the risk of disputes arising, especially in blended families or where multiple dependants are involved.
3. Put a binding death benefit nomination for your superannuation
Superannuation does not automatically form part of your estate. A binding death benefit nomination is a directive to the superannuation fund to distribute your benefits to nominated beneficiaries. This helps prevent disputes around superannuation entitlements.
4. Appoint the right people to manage your affairs
Choosing the right executor to manage your legal and financial matters is important. An executor is responsible for administering your estate after your death, including collecting assets, paying debts and distributing the remaining assets to beneficiaries.
You should appoint someone you trust who has the ability to adequately manage financial and administrative responsibilities. This can be a spouse, family member or trusted friend.
You could also appoint a professional executor, such as a lawyer or accountant, either on their own or alongside a friend or family member.
5. Review and update your will when circumstances change
Major life events such as marriage, divorce, the birth of children or a significant financial shift may require changes to how assets are distributed.
Regularly reviewing and updating your will with a Gold Coast solicitor helps ensure it continues to reflect your current circumstances and remains legally binding under Queensland law.
Why estate planning is important
Effective estate planning ensures your wishes are clearly documented and legally enforceable.
Without a documented plan, ideally compiled under the guidance of a Gold Coast lawyer familiar with Queensland estate law, your family may interpret your intentions incorrectly, which can increase the risk of disputes that may require lawyers litigation processes to resolve.
What happens if there is no will?
If you pass away without a valid will in Queensland, your estate will be distributed according to the intestacy rules set out in the Succession Act. This means the court will determine who receives your assets, which may not align with your personal wishes.
Assets may be divided between a spouse, de facto partner and children according to a statutory formula. This can lead to outcomes that may not reflect what you intended and a potentially lengthy legal battle between feuding parties and the court.
Key takeaway
Estate disputes can place significant emotional and financial strain on families after the loss of a loved one. Many disputes arise because wills are unclear or outdated, leaving it open to ambiguity or misinterpretation.
To avoid this:
- Put a legally valid will in place.
- Appoint the right executor.
- Review and update your estate plan when your circumstances change
If you need help planning your estate or drafting a will, the team at QBM Lawyers can assist. As experienced estate lawyers on the Gold Coast, we can help you prepare a comprehensive will and estate plan that complies with Queensland law.
Frequently Asked Questions
Under the Succession Act, certain individuals – including a spouse, de facto partner, child or a person who was financially dependent on the deceased – may apply to the court if they believe they have not been adequately provided for in a will or by the distribution to them in intestacy. These applications are known as family provision claims.
You must notify the executor of your intention to make a family provision claim within six months of the deceased person’s death. You must also file your application in the Supreme Court of Queensland within nine months of the date of death, although the court may grant an extension in certain circumstances.
If you die without a valid will, you are considered to have died intestate. In this situation, your estate is distributed according to the intestacy provisions in the Succession Act. The law determines who receives the assets, typically prioritising a spouse or de facto partner and children, regardless of any informal wishes you may have expressed to family members.
A will must meet certain legal requirements in Queensland to be considered valid. It must be properly signed and witnessed, and you must possess the legal capacity to make the will. A Gold Coast lawyer experienced in wills can help you draft a will in line with state law.
Yes. Many estate disputes in Queensland are resolved through negotiation or mediation. Mediation allows the parties involved to discuss the dispute with the assistance of their estate lawyers and an independent mediator and reach an agreement without the need for a court hearing.
