Been left out of a will?
Free Consultation: Find Out If You’re Entitled To Challenge It Today!
There is a moral duty for deceased estates to adequately provide for family members.
Don’t delay – You only have 6 months to give notice to challenge the estate and 9 months to file proceedings (from date of death).
Get A Free Phone Consultation
No Win No Fee Estate Litigation
Hi, my name is Christopher Roche. I entered the legal profession in 1986 and have provided ‘no win no fee’ services for over 1,600 people. Estate litigation matters used to require an up-front fee, however since 2016 we 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.
Capped Legal Costs
No Win No Fee
“How do I challenge an Estate?”
Challenging an estate generally requires you to make a family provision application for proper inheritance. Finding out if you are able to make a family provision application from an estate begins with a simple phone call to Roche Legal. You will discuss your situation directly with a lawyer who will tell you in plain English whether you have a claim or not. This advice is 100% free to you.
If you prefer to meet and discuss in person, you can call us to arrange a free initial appointment in one of our three offices.
Although, we understand that it isn’t always easy to travel or meet with a lawyer when there are other things on your mind following the loss of a loved one. At your request, our lawyers are willing to travel to meet you in person. Strict time limits apply to challenging estates, so our first priority is to make sure that you maintain your right to receive a fair inheritance – and not miss out just because you missed a deadline.
“What do I have to prove to the Court?”
Family Provision applications are made under Part IV of the Succession Act 1981 (Qld) (“the Act”). Section 41 of the Act sets out the relevant principles that a Court will take into account when deciding a Family Provision application.
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 been left an insufficient inheritance).
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.
However, just because a person has standing to bring a Family Provision application, it does not necessarily follow that they will be successful in actually challenging a Will.
Unfair and Unreasonable Exclusion from Will / 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 recovery for you. We record our time and 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.
In 2019 we can point to cases where we:
- spent a large amount of time to assist someone in need so that they got justice when other firms would turn them away, and discounted our fee so that it was no more than 40% as promised; and
- spent enough time on a matter as absolutely necessary to obtain the best outcome for the client, where our fee ended up being only around 20% of their compensation payout – well under our 40% price cap guarantee.
Our 40% fee cap applies in addition to our no win no fee promise. This is why our offer is ‘better than no win no fee’ arrangements you may see from other firms.
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
- Compensation Claims
ROCHE LEGAL LOCATIONS
Level 19, 10 Eagle Street
Brisbane, QLD 4000
Unit 2, 18 Dennis Road
Springwood, QLD 4127
1 Nothling Street
Moffat Beach, QLD 4551
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