Estate Litigation Lawyer Sunshine Coast

We offer no-win, no-fee options in our Estate Litigation division.

Contact Butler McDermott Lawyers on (07) 5441 1044 for a free initial conversation with the Head of Estate Litigation.

Butler McDermott Lawyers can help you seek justice through estate litigation

Navigating the aftermath of a loved one’s passing is challenging, especially when the will doesn’t reflect your expectations or the promises made to you.

At Butler McDermott Lawyers, we understand that the distribution of an estate is more than a legal process—it’s about honor, fairness, and the fulfillment of a loved one’s true intentions. That’s why we specialise in helping eligible individuals contest or challenge wills, ensuring they receive fair provision from the estate.

We can help you if:

Have experienced exclusion from the will.
Need help defending an estate claim.
Believe there are discrepancies between the deceased’s promises and the will’s provisions.
Receipt of a lesser provision than expected or promised.
Believe that the deceased did not have capacity when they executed their Will.
Believe that the deceased was influenced when making their Will.

Contesting vs. Challenging a Will: Know the Difference

It’s crucial to distinguish between contesting the distribution of an estate and questioning the will’s validity through a challenge.
Our team is adept at managing both, depending on your unique circumstances.

Who Is Eligible To Contest or Challenge a Will?

Eligibility to contest or challenge a will is specific; not just anyone can make a claim.

Those who may be considered include:

Spouses and Partners: Recognising all forms of partnership.
Children: Including stepchildren and adopted children.
Dependents: Those who were financially reliant on the deceased.
Beneficiary on an intestacy or if you were a beneficiary named in a previous Will.

Our Approach

Understanding the Process

Contesting or challenging a will involves a clear-cut, yet intricate legal process. Right from gathering crucial evidence to showcasing your relationship with the deceased, we guide you through every step. We ensure your claim is notified and filed within the mandated times, and we staunchly represent your interests through mediation or, if necessary, trial.

Handling Costs

We understand the financial strain these proceedings can cause. This is why many of our services include arrangements to ease your immediate financial burden, by deferring fees until the resolution of your claim through our No Win, No Fee payment structure.

Timelines That Matter

Adhering to specific timelines is crucial in these matters. In Queensland, you have six months from the deceased’s death to notify the estate of your claim and nine months to file your application and we’re here to navigate you through them seamlessly.

Why Choose Butler McDermott Lawyers?

Choosing to contest or challenge a will is a significant decision, intertwined with complex emotions and legal intricacies. With Butler McDermott Lawyers, you’re not just gaining legal representation; you’re partnering with a team that’s deeply committed to ensuring justice is served, and your loved one’s true wishes are honored.

Our track record speaks volumes, with a long history of successfully helping individuals navigate the challenging waters of estate litigation. When you choose us, you choose a partner who values fairness, respect, and diligent pursuit of your rightful provision.

Let’s honour their wishes together.

Ready to explore your options?

Contact us today for a free in initial consultation and take the first step towards safeguarding your entitlements in your loved one’s estate.

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Kind words from our clients

    
 
 
       Tom was an amazing help for us. He was understanding and compassionate, but also vigorous and assertive when required. He is very professional while still maintaining a friendly and relaxing attitude. I highly recommend him.
  
 
    
   Jonathyn Morley 
 2 August 2024
 
 
 
      Kimberley Sutton from Butler McDermott did a professional and seamless job on our recent conveyancing, totally recommended.
  
 
    
   Lyle Jackson 
 1 August 2024
 
 
 
      Excellent assistance with our settlement. Kim was available along the whole process, reply to all our concerns in a timely manner. Would completely recommend.
  
 
    
   Jay Lewis 
 29 July 2024
 
 
 
      Kimberly and the team at Butler McDermott helped make the sale of our family property an easy stress free experience.  They were friendly and professional.  Thank you very much from Donald Hartley and family.
  
 
    
   Jillian Gordon 
 26 July 2024
 
 
 
      I had a terrific experience all round with Alexander, Miranda and the team. Great to deal with.
  
 
    
   Vaughan Jones 
 24 July 2024
 
 
 
      I have been working with Butler McDermott Lawyers for a very long time. I am eternally grateful To Peter Boyce a true gift to law, and I am grateful to his team and the wonderful support from Jamie Hunt. A very professional caring legal support team who connect truly to their clients with compassion.
Best Wishes Marcie
  
 
    
   Marcie King 
 8 July 2024
 
 
 
      I recently had the pleasure of working with Tom from Butler McDermott, and I couldn't be more impressed with his professionalism and expertise. Tom's in-depth knowledge of the law, combined with his keen attention to detail, made navigating my legal issue a seamless experience.

From our first consultation, Tom demonstrated a genuine commitment to understanding my situation and providing by the best possible advice. His communication skills are exceptional; he explained complex legal concepts in a way that was easy to understand and kept me informed at every stage of the process.

Tom's dedication is truly commendable. He was always available to answer my questions and provided timely updates, ensuring that I never felt out of the loop. His strategic approach and thoughtful recommendations were instrumental in achieving a favourable outcome for my case.

I highly recommend Tom to anyone in need of legal assistance. His professionalism, expertise, and client-centered approach set him apart. If you're looking for a solicitor who will go above and beyond to ensure your success, look no further than Tom from Butler McDermott.
  
 
    
   Rebecca Cuthbert 
 5 July 2024
 
 
 
      Fantastic professional service as always was provided. I highly recommend Kimberley
  
 
    
   cara joyce 
 3 July 2024
 
 
 
      We recently sold our home and purchased another at the same time. Kim and her team guided us through every step and made the whole process so much easier, particularly when we really had no idea what to do next. Thankyou so much Kim from Ruthie and Pete.
  
 
    
   Peter Steer 
 19 June 2024

Personalised Client Care.

100 years of service.

Dedicated Experts.

Personalised Client Care

At Butler McDermott Lawyers, we are committed to providing unparalleled client care and professionalism. We treat each client with the utmost respect and attention, regardless of their individual circumstances or the complexity of their case. It truely is what sets us apart from others.

100 Years of Service

With over 100 years of service to the Sunshine Coast and the greater region, we at Butler McDermott Lawyers have proven experience in almost all facets of law. With stronger negotiation and advocacy skills, we provide the right advice from experts who have done it before.

Dedicated Expertise

We at Butler McDermott Lawyers stand out as leaders in the legal field through our dedication to continuous professional development. By prioritising ongoing learning and professional growth, we ensure our team of experts is well-versed in the latest legal matters and practices. This commitment not only deepens our expertise but also enhances our ability to provide the highest level of advice to clients across various legal matters.