Contesting a Will and Estate Litigation

MurphySchmidt Solicitors Brisbane practises solely in the areas of wills and estates and accident compensation.
We rely on our reputation for providing superior service and outcomes to clients in an ethical, professional and efficient way. 
There are all sorts of reasons why people contest wills, including:
  • They might be concerned that the testator did not have capacity to make the will, or was unduly influenced by someone in doing so.  
  • They might consider they were unfairly treated by the testator and want to have that remedied.
  • The testator might not have made adequate provision for a particular family member.
  • There might be some uncertainty about the wording of the will and what the testator wished to happen.
If you are concerned about the fairness or meaning and effect of a will, we are happy to discuss your concerns, advise you about your options and, if you decide to do so, conduct the claim on your behalf.
We also have experience acting for executors defending claims against estates.

Expert advice

Gerry Murphy, our Special Adviser and co-founder of MurphySchmidt, has had a special interest in the area of wills and estates throughout his entire career spanning almost 60 years.  
We can assist you with all sorts of estate issues - making a will, administering an estate, accessing superannuation and insurance benefits, guardianship and administration issues, making an enduring power of attorney, contesting a will and protecting property rights.
We also have extensive expertise in personal injuries claims, grounded in our partners’ decades-long experience acting for people injured in accidents of every sort – work accidents, motor vehicle collisions, slip and fall, medical negligence, product liability, diving accidents, and any other situation where an injury has occurred because of another person’s negligence.

Time limits

In order to ensure your family’s financial security and provide certainty about your wishes, it is vital you have an up-to-date will and enduring power of attorney.  It is all too easy to put off this type of planning, but you really can’t afford to do that.
At MurphySchmidt, we will assist you with your estate planning with a minimum of fuss so that you can be certain your family’s future is secure.
Strict time limits apply to all claims involving estates, superannuation and insurance. To ensure you do not lose your entitlement, it is important that you contact MurphySchmidt as soon as possible to discuss your claim.

Free initial consultation

We offer an obligation-free initial consultation to discuss your wills and estates enquiries. Whenever possible, we prefer to do this face to face so that you can meet one of our partners and properly discuss your situation.  If we are unable to assist you or you decide not to proceed, we will not charge you for that initial consultation.  

Our fees

During our initial consultation we will discuss the basis upon which we charge for our services.  Generally, we charge on a fixed fee or lump sum basis for our wills and estates work.  We are also happy to consider charging on an hourly basis if you prefer.
If you wish to contest a will or make another claim against an estate and we think your claim has reasonable prospects of success, we will consider acting on a deferred payment basis.  This means we will only charge you for our professional fees when your claim is finalised.
If you are consulting us about any wills and estates issue, we will discuss our fees and charges in detail before you decide if you wish to proceed.
Please feel welcome to speak to one of the partners at MurphySchmidt about your entitlement to make a claim or your estate planning needs.