ESTATE ADMINISTRATION
& ESTATE DISPUTES
Wills and Estates Lawyers on the
Gold Coast and Northern NSW
At CJM Lawyers, our Wills and Estates team provides practical and compassionate support for deceased estates, estate disputes, family provision claims and Will validity disputes.
Dealing with a deceased estate can feel overwhelming, especially while grieving. Whether you need help with estate administration, or an estate dispute, clear legal guidance can make the process easier to understand and manage.
Estate Administration
When a person dies, their assets, debts and other affairs need to be formally dealt with. This process is known as estate administration. Depending on the circumstances, the person responsible for administering the estate may need to obtain formal authority from the Supreme Court before they can act, through a grant of Probate, Letters of Administration, or a Reseal.
Probate
Probate is the legal court process of confirming that a Will is valid and recognising the executor’s authority to administer the estate. This may be necessary in order to allow the executor to take steps to administer the estate, including collecting assets, paying debts, dealing with tax and superannuation issues, and distributing the estate in accordance with the Will.
Letters of Administration
Letters of Administration is the legal court process of appointing a person (an administrator) to administer an estate where there is no valid Will, or where a Will exists but no executor is able or willing to act. This may be necessary in order to allow the administrator to take steps to administer the estate, including collecting assets, paying debts, dealing with tax and superannuation issues, and distributing the estate in accordance with the rules of intestacy or the terms of the Will.
Reseal
A Reseal is the legal court process of recognising a grant of Probate or Letters of Administration made by a court outside of Queensland or New South Wales, so that it has the same effect as a grant made in that state. This may be necessary where a deceased person held assets in one state but their estate has already been granted Probate or Letters of Administration in another Australian state, territory, or certain overseas jurisdictions.
The estate administration process can be unfamiliar and time-consuming for many executors, particularly when you are dealing with banks, asset holders, beneficiaries and legal requirements while also managing the loss of a loved one. Having legal guidance early can help ensure obligations are met correctly, deadlines are understood, and unnecessary delays are avoided. At CJM Lawyers, our Wills and Estates lawyers assist executors and families across Queensland and New South Wales with probate applications and estate administration.
Estate Disputes
Estate disputes can arise when there is disagreement about how an estate is managed or distributed. These matters often involve strong emotions and complex family dynamics, making clear legal guidance especially important.
Disputes may relate to concerns about fairness, interpretation of a Will, the conduct of an executor, or whether an estate is being managed properly. These concerns often arise at a time when family relationships are already under pressure, so early advice can help keep the focus on practical next steps. Our team provides measured, resolution-focused advice and can assist with negotiation or, where necessary, court-based processes.
Family Provision Claims
A Family Provision Claim may be made by an eligible person who believes they have not been adequately provided for in a Will. These claims are governed by specific legal criteria and strict time limits.
Family provision claims often arise in difficult circumstances where expectations, financial needs and family relationships do not align. These claims can be particularly sensitive because they often involve close family members and competing views about what is fair. Strict time limits apply, so it is important to seek advice promptly. We assist clients with advice on eligibility, timing and available options, whether making or responding to a family provision claim.
Will Validity Disputes
Will validity disputes can arise when there are concerns about whether a Will is legally valid. This may include issues such as capacity, undue influence, or whether the Will was properly executed.
Concerns may arise where a loved one changed their Will shortly before passing away, appeared vulnerable, or there are questions about whether they understood what they were signing. These matters require careful assessment of the circumstances surrounding the preparation and signing of the Will. Clear advice at an early stage can help you understand whether there is a basis to challenge or defend the Will. At CJM Lawyers, we provide practical guidance to help clients assess their position and determine appropriate next steps.
Speak with and Estate Lawyer Today
Whether you are applying for probate, administering an estate, making a family provision claim, responding to a dispute, or concerned about the validity of a Will, timely legal advice can make the process easier to understand and manage.
At CJM Lawyers, we guide clients through with clear, considered advice and practical support. Contact our Wills and Estates team to discuss your situation and understand the next steps available to you.
Your Questions, Answered
Find answers to common deceased estates and probate questions below. Have a question not covered here? Enquire today to discuss your situation.
Do all estates require probate?
Not every estate requires a grant of probate. Whether probate is needed depends on factors such as the type of assets held, how they are owned, and their value. We can help you understand whether probate is required in your situation.
How long does the probate process usually take?
Timeframes can vary depending on the estate and whether any issues arise. While some estates are relatively straightforward, others may take longer. Clear guidance early can help keep the process moving smoothly.
Do estate disputes always end up in court?
No. Many estate disputes can be resolved through discussion or negotiation once the issues are clearly understood. Court proceedings are only one possible pathway, and early advice can help clarify suitable options.
When should I seek advice if I’m concerned about an estate?
It’s often best to seek advice as soon as concerns arise. Early guidance can help you understand your position and avoid unnecessary escalation.
Who can make a family provision claim?
Only certain people are eligible to make a family provision claim, depending on their relationship to the deceased, their circumstances, and the applicable legal requirements. Because these matters can be sensitive and time limits apply, early advice can help you understand where you stand and what options may be available.
Are there time limits for family provision claims?
Yes. Strict timeframes apply to family provision claims and these can vary depending on the circumstances and jurisdiction. Early advice can help you understand your position, any deadlines that apply, and the options available to you.
What situations can give rise to a Will validity dispute?
Concerns may arise where there are questions about capacity, undue influence, or whether the Will was properly prepared and signed. Each situation is assessed based on its specific circumstances. We can help you understand your position, assess the available options, and guide you through the next steps with clarity and care.
Can a Will be defended if its validity is challenged?
Yes. Executors or beneficiaries may need to respond if a Will is challenged. We can help you understand the issues being raised, assess the available options, and guide you through the response process with clear, practical advice.
What is the difference between Probate and Letters of Administration?
Probate applies where there is a valid Will and an executor is able to act. Letters of Administration may be required where there is no valid Will, or where no executor can act. We can help you understand which application is needed and guide you through the process.
When is a Reseal needed?
A Reseal may be needed where a grant of Probate or Letters of Administration has been made in another state, territory or certain overseas jurisdictions, but the deceased also held assets in Queensland or New South Wales. We can help determine whether a Reseal is required and assist with the application.
