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In recent years, Queensland has seen a notable increase in estate disputes. Most recently, we saw a large deceased estate dispute handed to the Redland City Mayor to administer. These types of disputes are often deeply personal, emotional, and can occur for various reasons.
In this article, we will look at the main causes of estate disputes in Queensland and solutions to mitigate them.
4 Common Causes of Estate Disputes in Queensland
There are a few universal factors that lead to estate disputes, for example, a poorly drafted will. However, we are also seeing more estate disputes in Queensland for the reasons listed below.
1. High-Value Estates and Financial Pressures
Queensland’s rising real estate value is partly responsible for the increase in estate disputes. As estates become more valuable, the financial stakes for beneficiaries are higher, leading to more frequent and intense conflicts. Additionally, economic pressures, such as financial instability and housing affordability issues, can exacerbate tensions among family members vying for a share of the estate.
2. Blended Families and Complex Relationships
Estate disputes can arise when a will does not adequately address the interests of all family members, leading to feelings of exclusion and unfairness. With Queensland’s higher rates of divorce and remarriage, more families are composed of stepchildren and half-siblings. Each additional family member introduces the potential of conflicting claims to an estate.
3. Informal and Poorly Drafted Wills
Another common cause of estate disputes is the reliance on informal or poorly drafted wills. Some individuals choose to create their wills without professional legal assistance, resulting in documents that may be unclear, incomplete, or not legally binding. This can lead to confusion and contention among beneficiaries.
Additionally, wills that have not been updated to reflect significant life changes, such as remarriage or the birth of children, can also cause disputes.
4. Undue Influence and Capacity Issues
As a person ages, there is an increasing concern about undue influence and the capacity of individuals to make informed decisions when drafting their wills. Cases where elderly individuals are coerced or manipulated into changing their wills are becoming more common. Disputes often arise when family members contest a will, alleging that the testator (the person who made the will) was not of sound mind or was under undue influence at the time of its creation.
4 Solutions to Mitigate Estate Disputes
Now that we have looked at a few of the reasons why an estate may be disputed, we will review solutions to prevent this from happening.
1. Professional Estate Planning
One of the most effective ways to prevent estate disputes is with professional estate planning. Engaging an experienced estate lawyer to draft a clear, comprehensive, and legally sound will can significantly reduce the likelihood of disputes. Professional estate planners can ensure that all potential issues are addressed, and the testator’s wishes are clearly articulated.
2. Regular Updates and Reviews
Regularly updating and reviewing a will is crucial, especially after significant life events such as marriage, divorce, the birth of children, or the acquisition of substantial assets. Keeping a will current ensures that it accurately reflects the testator’s intentions and the current family and financial situation.
3. Clear Communication
Open and honest communication with family members about the contents of a will and the reasons behind certain decisions can help mitigate future disputes. While these conversations can be difficult, they provide an opportunity to address any concerns or misunderstandings before they escalate into legal conflicts.
4. Mediation and Alternative Dispute Resolution
When disputes do arise, mediation and other forms of alternative dispute resolution (ADR) can be effective in resolving conflicts without resorting to costly and time-consuming litigation. Mediation allows all parties to discuss their concerns in a controlled environment with the help of a neutral third party, facilitating mutually acceptable solutions.
Navigating Estate Disputes in Queensland
The rising trend of estate disputes in Queensland highlights the importance of proactive estate planning and effective conflict resolution strategies. By understanding the common causes of these disputes and implementing preventative measures, individuals can help ensure that their final wishes are respected and that their loved ones are spared the emotional and financial strain of contentious legal battles.
For those currently facing an estate dispute, seeking the guidance of a skilled estate lawyer can make a significant difference. Legal professionals can provide the expertise and support needed to navigate these complex issues and work towards a fair and amicable resolution.
Need Assistance?
If you are preparing to contest a will in Queensland, our experienced Wills and Estates Lawyers are here to help. If you believe you have reason to challenge a will, contact us for an obligation free discussion.
Disclaimer:
The information contained in this newsletter is provided for informational purposes only and should not be construed as legal advice on any subject matter. Readers should not act or refrain from acting on the basis of any content included in this newsletter without seeking appropriate legal or other professional advice. The content of this newsletter contains general information and may not reflect current legal developments, verdicts, or settlements. We expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this newsletter.
Greenhalgh Pickard’s Wills and Estates Team
