Been left out of a will?
Find out in 5 minutes if you have a claim — free, no obligation.
Queensland law recognises a legal duty for deceased estates to adequately provide for close family members – even if the will says otherwise.
⚠️ Act fast — strict time limits apply. In Queensland, you must notify the executor within 6 months of the date of death, and file your application within 9 months. Missing these deadlines can forfeit your right to claim.
Get A Free Phone Consultation
No Win No Fee Estate Litigation
Many law firms require up-front fees to challenge the proposed distribution of an estate. Roche Legal is different.
Since 2016, our estate litigation team have been offering this service on a No Win No Fee basis.
To qualify, you must:
- have unfairly and unreasonably been excluded from a will (or been left an insufficient inheritance); and
- have standing to bring a Family Provision Application. This means that you must be the spouse, a child, or dependent of the deceased.
How It Works
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Free Phone Consultation
Call us or complete the enquiry form. A lawyer will assess your situation in plain English and tell you – at no cost and no obligation – whether you’re likely to have a claim.
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We Build Your Case – No Win No Fee
If you qualify, our estate litigation team gathers the evidence and prepares your Family Provision Application, with no upfront fees.
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Full & Frank Disclosure
Family provision claims require you to make full and frank disclosure of your financial position to the Court – your income, assets, liabilities, and reasonable financial needs. We guide you through exactly what’s required so your claim is presented honestly and in its strongest light.
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Resolution
Most claims resolve through negotiation or mediation without a trial. We work to recover the provision you’re entitled to – and you receive your inheritance.
“After losing my father, I discovered I had been left out of the will entirely. Roche Legal took on my case with no upfront cost and recovered an inheritance I never thought I’d see. They made a very stressful situation as straightforward as possible.”
— Sarah M., Brisbane | Estate Litigation Client
Experienced Solicitors
Capped Legal Costs
No Win No Fee
How do I challenge an Estate?
Challenging an estate requires a family provision application – and it starts with a single free phone call to Roche Legal. A lawyer will tell you in plain English whether you have a claim, at no cost and no obligation.
What do I have to prove to the Court?
Generally speaking, to be successful in your family provision application you must prove to the Court that you:
- have standing to bring a Family Provision Application. This means that you must be the spouse, a child, or dependent of the deceased; and
- have been unfairly and unreasonably excluded from a will, or simply been left with an insufficient inheritance.
Standing
In Queensland, the only eligible people who have standing to bring a Family Provision Application against an estate are:
- spouse of the deceased e.g. husband, wife, de facto spouse, registered partner, or a dependant former husband, wife or registered partner
- child of the deceased e.g. biological child, stepchild, child of a de facto spouse, or adopted child
- dependant of the deceased: any parent/child of the deceased who was being wholly or substantially maintained or supported by the deceased at the time of the deceased’s death.
Exclusion from Will or Insufficient Inheritance
The Court will consider a range of factors as to whether it should order further provision from the estate if you can show that further provision from the estate is needed to meet the costs of your proper maintenance and support.
These considerations include:
- the size and nature of the estate
- your financial position and reasonable requirements for financial support
- the financial position and requirements of other beneficiaries and claimants on the estate
- the nature of your relationship with the deceased
- the nature of the relationships the deceased had with other beneficiaries and others who may have a claim
What % of my inheritance do I have to pay in legal fees?
Roche Legal does not charge a fixed percentage of the inheritance we recover for you. We offer either fixed fees or record our time to charge on an hourly basis. In fact, we even go one step further and put a cap on it. We promise to never charge any more than 40% of your gross inheritance amount, regardless of how much time we spend on your case.
This means your gross inheritance will always be more than DOUBLE our legal fees.
Our 40% fee cap applies in addition to our no win no fee promise.
Our Reviews
Roche Legal is a 5-star rated law firm, verified by Google.
YOUR FIRST CONSULTATION IS FREE
We help with the following types of claims:
- Estate Litigation
- Contesting Wills
- Family Provision Applications
ROCHE LEGAL LOCATIONS
Brisbane
Level 19, 10 Eagle Street
Brisbane, QLD 4000
Springwood
Unit 2, 18 Dennis Road
Springwood, QLD 4127
Sunshine Coast
1 Nothling Street
Moffat Beach, QLD 4551
Looking for detailed information about the estate litigation process? Read our full guide →