Estate Litigation Lawyers Brisbane
Aptum runs substantial estate, trust and succession disputes in the Supreme Court of Queensland. Family provision claims, will validity challenges, trustee and executor disputes, and complex family trust matters, from Level 38, 71 Eagle Street.
Estate litigation in Brisbane
Aptum's Brisbane estates practice acts in contested estates where the assets are substantial and the outcome matters: family provision claims on large estates, will validity challenges, executor and trustee disputes, and family trust matters where a business or farming property is at stake.
Queensland has its own timetable and it is tighter than most people expect. A family provision applicant must give written notice of intention to claim within 6 months of the date of death, and the proceeding must be started within 9 months of the date of death under the Succession Act 1981. Executors who distribute after those windows close are protected, so late claims face real obstacles.
We act for claimants and for executors and trustees defending claims. Our estates services page has the full catalogue.
Estates litigation practice areas
Family Provision Claims
bringing and defending claims on substantial estates
Learn moreChallenging the Validity of a Will
capacity, undue influence, fraud, improper execution
Learn moreExecutor and Trustee Disputes
removal applications, breach of duty, deadlock
Learn moreProbate and Administration Disputes
contested probate, caveats, administration disputes
Learn moreBeneficiary Disputes
enforcing beneficiary rights and entitlements
Learn moreComplex Trust and Estate Asset Disputes
family trusts, business assets, farming property
Learn moreSuperannuation Death Benefit Disputes
death benefit claims and trustee decisions
Learn morePowers of Attorney Disputes
misuse of powers, recovery of assets
Learn moreElder Abuse
financial abuse claims and asset recovery
Learn moreBrisbane courts where Aptum appears
Aptum's Brisbane estates team appears regularly in:
- Supreme Court of Queensland, Trial Division. family provision applications under the Succession Act 1981, contested probate, will validity challenges, and executor and trustee disputes
- Federal Court of Australia, Brisbane Registry. superannuation death benefit matters and cross-jurisdictional trust disputes where the forum requires it
What Aptum brings to Brisbane estate matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's estates litigation practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law.
How Aptum runs a matter
Value conversation
A free, no-obligation first meeting where you set out the matter and Aptum tells you whether the claim is realistic on your facts, what the time limits are, and what the pathway looks like.
Pathways assessment
A costed engagement plan with stage-based budgets and a documented strategy aligned to the stages of your matter.
Execution
We run the matter. Pleadings, evidence, interlocutory steps, mediation, and hearing where the matter does not resolve. Regular reporting and a relentless focus on the essential.
Frequently asked questions
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What are the time limits for a family provision claim in Queensland?
Two deadlines apply. Written notice of intention to make a claim must be given to the executor within 6 months of the date of death, and the court proceeding must be started within 9 months of the date of death. The Supreme Court of Queensland can extend time in limited circumstances, but an executor who distributes after the windows close without notice of a claim is protected, so acting early is critical.
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Who can make a family provision claim in Queensland?
Under the Succession Act 1981, a spouse (including a de facto partner), a child (including a stepchild), and a dependant who was wholly or substantially maintained by the deceased. Eligibility is only the first step. The Court then asks whether adequate provision was made from the estate and what provision ought to be made.
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Can a will be challenged in Queensland?
Yes, on established grounds: lack of testamentary capacity, undue influence, lack of knowledge and approval, fraud, or improper execution. Validity challenges are run in the Supreme Court of Queensland, usually through contested probate proceedings, and turn heavily on medical evidence and the circumstances in which the will was made.
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What happens if someone dies without a will in Queensland?
The estate is distributed under the intestacy rules in the Succession Act 1981, which set a fixed order: spouse, children, then wider family. Intestacy does not prevent disputes. Family provision claims, disputes over who administers the estate, and questions about jointly held or trust assets all still arise and are dealt with in the Supreme Court of Queensland.
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Can Aptum act for executors defending a claim as well as claimants?
Yes. Aptum acts on both sides of estate litigation. For executors and trustees, we defend family provision claims, respond to validity challenges and advise on the executor's duties during the dispute, including the protection that comes from distributing only after the statutory windows have closed.
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How much does estate litigation cost in Brisbane?
It depends on the size of the estate, the number of parties and how far the matter runs. Many family provision claims resolve at mediation. At the pathways assessment stage Aptum provides a stage-based cost forecast, and we advise early on proportionality so the costs make sense against what is at stake.
Aptum Legal Brisbane
Level 38, 71 Eagle Street, Brisbane QLD 4000
Phone: (07) 3778 3693