Dispute Resolution

 As best you may try, some problems just can't be avoided. We can assist you in resolving disputes regarding powers of attorney, superannuation and deceased estates. 

When somebody writes their Will, it is their right to decide who inherits their assets after they die.  It is called testamentary freedom.  In Queensland, this right is subject to family provision laws that protect eligible people who have been left with little or nothing in a Will.

Eligible people under Queensland's family provision laws include a deceased person's:

• Spouse (i.e. husband, wife, de-facto partner, civil partner, or a former husband, wife or civil partner who is a dependent of the deceased).
• Child, including natural and adopted children, and certain step-children.
• Dependent (i.e. any person who was being wholly or substantially maintained or supported by the deceased person at the time of the person’s death who is a parent of that deceased person, or the parent of a surviving child under the age of 18 years of the deceased person, or a person under the age of 18 years. 

If you are unsure whether you qualify, contact us to check whether you are eligible to make a claim.  Be aware that time limits apply, so waiting may result in a lost opportunity.

Besides seeking further provision from a deceased's estate, the increasing prominence of superannuation has added superannuation death benefit complaints as another avenue for seeking benefits.  Superannuation complaints are generally handled separately to claims upon the deceased's estate.

Eligible people under the superannuation law include a deceased persons:

• Spouse (whether legal or de-facto and whether opposite or same sex)
• Child, including an adopted child, an ex-nuptial child, a step-child and a child of the deceased member’s spouse.
• Any person who had an inter-dependency relationship with the deceased member.
• Any person who was financially dependent (whether wholly or partly) on the deceased member. 

Again, contact us to check your eligibility and remember, any delay may result in a lost opportunity.

For a will, power of attorney, superannuation nomination or other document to be valid, certain requirements must be met.  If you are concerned they may not have been, such as where the maker didn't understand what they were doing, or where the maker may have been unduly influenced, contact us so we may check the validity of documents made.

If you disagree with:

• the manner in which a deceased's estate is being administered; or
• the manner in which an attorney or someone else is managing another person's affairs; or
• the decision of a superannuation trustee,

then contact us so we may explore what avenues you have set things right.

There are many causes of concern in matters concerning deceased estates, superannuation and substituted decision making.  While the list below is not exhaustive, some of the items mentioned may be relevent to you:

• Disagreements and delays among executors/administrators in administering a deceased's estate.
• Applications for compensation resulting from attorney misconduct or errors.
• Situations where there has been a clerical error in a will, power of attorney or other document that has caused problems.
• There is confusion around the meaning of a clause or clauses in a will.
• Where a will should be changed but the maker, while still alive, is unable to do so.
• Actions where a deceased has made a promise that was not kept.
• Actions where a beneficiary has taken advantage of their relationship with a deceased person.
• Actions where third parties such as a bank may have liability for the wrongdoings of someone such as an attorney managing another person's affairs.

We could go on.  If you are concerned that something just doesn't seem right, contact us to discuss further and know where you stand.