Estate Litigation & Disputes

Estate Litigation Barrister, Brisbane

Family provision applications, executor and administrator removal, probate disputes and caveats.

Jennifer Sheean acts for applicants, executors and beneficiaries in contested estate matters in the Supreme Court of Queensland and at QCAT. Contentious work is run with the same composed, resolution-first approach as the rest of the practice. Where a matter must be litigated, it is prepared and argued with specialist estate and equity grounding behind it.

What This Covers

Scope of work

Estate disputes are rarely only about money, and they are almost always better resolved early. Jennifer advises on the merits at the outset, gives a realistic view of likely outcomes, and pursues resolution through mediation where the matter allows, while preparing the proceeding properly in case it does not. If the council has already been engaged, Jennifer can mediate between the parties.

Family provision applications

Solemn form probate applications

Testamentary capacity and undue influence claims

Removal of executors and administrators

Caveats against probate

Estate accounts and administration disputes

Why Brief Jennifer

The difference in this area of practice

01 Resolution Focus

AMDRAS-accredited mediation to settle trust and estate disputes quietly, with litigation held in reserve rather than assumed.

02 Prepared for a Hearing Regardless

Offering resolution does not mean under-preparing. Evidence, capacity questions and construction issues are worked up properly from the outset, which is also what gives settlement discussions their weight.

03 Specialist Estate and Equity Grounding

Contested estates turn on succession law, trustee duties and equitable principles at once. STEP accreditation and a career-long equity specialisation mean all three are covered by one counsel.

The dates that matter in a contested estate

Contested estate matters run on strict statutory timeframes, and the point at which counsel becomes involved often determines what options remain open.

Family provision applications

Notice to the executor within six months of the date of death, and the application filed within nine months, unless the Court extends time. Early advice on merits is usually cheaper than an extension application later.

Caveats against probate

Lodged before a grant issues, and effective for six months unless renewed. Once a grant is made the position becomes considerably harder to unwind.

Solemn form proceedings

Where a will’s validity is genuinely in question, proving in solemn form settles the issue conclusively rather than leaving it open to later challenge.

Estate distribution

An executor who distributes without regard to a foreshadowed claim can be personally exposed. Advice at the point of notice protects the executor as much as the estate.

How It Works

From checking availability to resolving the matter

01 Check Real-Time Availability

See open dates on Jennifer’s live calendar before you even pick up the phone.

02 Send Matter Details

Outline the matter by email, enquiry form, or reserve a time.

03 Get a Clear Costs Estimate

A transparent, upfront estimate complying with the legislation.

04 Clear Communication

Clear and responsive communication throughout the life of the matter

05 Resolve the Matter

Resolution focus whether through litigation or as a mediator.

Credentials

STEP

AMDRAS Accredited Mediator

Bar Association of Queensland

QCAT Sessional Member

FAQ

Questions instructing solicitors ask

What is a family provision application in Queensland?

A family provision application is a claim under the Succession Act 1981 (Qld) by a spouse, child or dependant who says the will, or the intestacy rules, did not make adequate provision for their proper maintenance and support. Notice must generally be given to the executor within six months of the date of death, and the application filed within nine months, unless the Court extends time. The Court considers the applicant’s financial position and needs, the size of the estate, and the competing claims of other beneficiaries.

How to contest a will in Queensland?

There are two distinct routes. A family provision application accepts the will is valid but seeks greater provision from the estate. A challenge to validity, on grounds such as lack of testamentary capacity, undue influence, or lack of knowledge and approval, asks the Court to refuse or revoke a grant of probate, often through a solemn form application. The right route depends on the facts, so early advice on the merits is worthwhile before costs are committed.

How to remove an executor in Queensland?

The Supreme Court may remove an executor or administrator where they are unfit to act, are in a position of conflict, have failed to administer the estate properly, or have delayed without adequate explanation. The Court’s concern is the due administration of the estate and the interests of beneficiaries, not the executor’s personal position. In practice, many of these matters resolve through a negotiated retirement and the appointment of an independent administrator.

What is a caveat against probate?

A caveat is a notice filed with the Court that prevents a grant of probate or letters of administration being made without notice to the person who filed it. It is a holding step, used where there is a genuine question about the validity of the will or the entitlement of the applicant, and it gives time for that question to be investigated. Filing a caveat without proper grounds carries costs risk, so the basis for it should be assessed first.

Related Practice Areas

Where matters often overlap

Mediation Services

AMDRAS-accredited mediation across estate, trust and commercial disputes.

Learn more

Wills & Estates

Will construction, informal wills and executor’s commission advice.

Learn more

Equity & Trusts

Trustee disputes, breach of trust claims and cross-border estates, STEP-accredited.

Learn more

Check Jennifer’s availability and brief Brisbane’s equity, trusts and mediation specialist directly.

One barrister, one point of contact, real-time availability.

Check Availability

07 3211 5592, or send an enquiry.

Check availability and brief a specialist directly

One barrister, one point of contact, real-time availability. Clear costs before any brief is confirmed.

Check Availability for Mediation

07 3211 5592

Send a Direct Enquiry

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