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.

Call now to find out if you have a claim.

Experienced Solicitors

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).

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.

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.

Call now to find out if you have a claim.

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.

Call now to find out if you have a claim.

Our Reviews

Roche Legal is a 5-star rated law firm, verified by Google.

     Excellent  
     Based on 38 reviews 
    
 
 
   
 
 
        
   Robyn Franklin 
 21/09/2023
 
 
  I'm thankful for having Sean as my lawyer. He is intelligent, a fantastic communicator, and was able to achieve a great outcome for my case. He kindly guided me through the whole process and answered any questions I had. Highly recommend.
  
 
       
   Carol 
 16/08/2023
 
 
  Best lawyer I’ve ever dealt with, the attention to detail, care and advice given by Sean has no comparison to the previous lawyers I have been to. Sean was able to give me a clear understanding into my options and eased my mind about the whole process, you won’t be disappointed by Roche legal.
  
 
       
   joe nooyen 
 25/05/2023
 
 
  Sean was amazing in looking after me in my situation. I was scared and stuck in the workcover system feeling like I was going nowhere.

My case was complicated and difficult to work through, but he got it sorted.

He explained every step of the process thoroughly and was very professional and caring.

I highly recommend Sean for anyone dealing with a workplace injury and or tpd claim.

Thank you so much Sean.
  
 
       
   Gary Bock 
 21/04/2023
 
 
  When you need a personal injury lawyer who specializes in CTP claims and personal injury cases, Roche Legal is the law firm you can trust. I recently had the pleasure of working with Sean and his team at Roche Legal, and I have nothing but praise for their professionalism, expertise, and dedication.

From the very first consultation, I knew I was in good hands. Sean took the time to listen to my situation, answer my questions, and explain the legal process in a way that was easy to understand. His knowledge and experience in personal injury law, particularly with CTP claims and personal injury cases, were evident from the start.

Throughout my case, Sean and his team were communicative, responsive, and proactive. They kept me informed every step of the way and were always available to answer any questions or concerns I had. I was impressed with their attention to detail and their ability to navigate the complex legal system with ease.

But what really stood out to me was their commitment to getting me the compensation I deserved. Sean and his team fought tirelessly on my behalf, and I was more than satisfied with the outcome of my case.

If you're looking for a personal injury lawyer who specializes in CTP claims and personal injury cases, look no further than Roche Legal. Their expertise, professionalism, and dedication are second to none, and I highly recommend them to anyone in need of legal services
  
 
       
   Queendog Y 
 22/02/2023
 
 
  I would highly recommend using Sean for any legal services, he is very professional and explained things in a way that made it very easy for me to understand. He reviewed some contracts for me and did an awesome job of making sure that I knew what it was all about and simplifying it for me. Would definitely recommend!
  
 
       
   Alzy23 
 20/02/2023
 
 
  I can't recommend Sean more highly enough for my legal situation. I was a bit apprehensive engaging in legal advice due to being a first for me, however from my initial contact with Sean, he quickly made me feel at ease with the whole process. He is just a down to earth person and very approachable, yet provides great advice whilst being clear and concise.

Dont' hesitate, give him a call/email if you need legal advice.
  
 
       
   Sarah White 
 17/02/2023
 
 
  When you have a personal injury you want the best in your corner. Sean Roche is the best of the best. My case had lots of twists and turns along the way and was quite complex but Sean covered all angles and kept me informed every step of the way, speaking in language I could understand. I had dealt with and spoken to several lawyers but as soon as I spoke with Sean I knew he was the man to look after my case. Sean answers your calls promptly, emails and phones with updates, gives you the peace to concentrate on your recovery while he deals with the legalities.  I cannot recommend Sean highly enough. My case was very successful and exceeded my expectations. Give Sean a call, you won't regret it. Thank you Sean for giving me hope and a much brighter future in my recovery and a normal life once again. Roche Legal are outstanding!
  
 
       
   Brodie Shepherd 
 20/12/2022
 
 
  Sean Roche made everything easy to understand and was very happy to help with any questions i had along the way. I would highly recommend Roche Legal.
  
 
       
   Matt Watt 
 16/09/2022
 
 
  I recently engaged with Roche legal using Sean in relation to a employment matter. The result and attention to detail was above and beyond and nothing was to much to ask. I have used other firms in the past and was treated like a number. Will defiantly be using again thanks Sean