If you need to address estate administration or estate litigation, your first point of contact should be a qualified lawyer, preferably one who practices exclusively in this area of law. An experienced estate lawyer can provide legal advice on the administration process, help you understand your responsibilities as an executor, and guide you through the complexities of probate. In cases of disputes or potential litigation, such as contesting the validity of a will or addressing claims against the estate, a solicitor can represent your interests and navigate the legal procedures on your behalf. Contacting a solicitor early in the process ensures you comply with legal requirements and helps protect the interests of all parties involved. McNamara Law can help you through the process by providing expert legal guidance and personalised support every step of the way. Strict time limits apply, so be sure to contact us as soon as possible.
The first steps involve understanding the legal framework and specific responsibilities. Initially, it’s crucial to determine whether the deceased left a valid will. In the absence of a will, an administrator must be appointed by applying for Letters of Administration. Both processes require gathering essential documents such as the death certificate and the will, if available. Additionally, compiling an inventory of the deceased’s assets and liabilities is essential to ensure accurate estate distribution. It’s advisable to seek legal advice early to navigate potential disputes or complexities, such as claims against the estate or challenges to the validity of the will. Understanding your obligations and rights can help streamline the process and mitigate potential conflicts during estate administration and litigation.
Rebekah was appointed as a Director of McNamara Law in 2023. Her career at the firm began in 2003 as a legal receptionist upon her graduation from high school. Rebekah’s journey through the ranks of McNamara Law was marked by dedication, hard work and a deep commitment to her clients.
Rebekah practices exclusively in the area of Wills and Estates. Her outstanding knowledge in estate planning, estate litigation and estate administration matters quickly earned her recognition as one of the top succession lawyers in the region, having been awarded Queensland Law Society’s Regional Practitioner of the Year in 2021.
If you require assistance in the area of Wills and Estates, whether it be helping you navigate through the loss of a loved one, preparing your own Will and Power of Attorney or a contentious Will dispute, Rebekah is willing and capable to assist you. Contact us today if you would like to arrange a consultation with Rebekah.
Re McDonald (unreported, Callaghan J, Supreme Court of Queensland, 15 September 2023) – a case where Rebekah successfully Probated a handwritten note as the Last Will of the deceased
Hughes v Trokic (unreported, Burns J, Supreme Court of Queensland, 16 June 2023) – a case where Rebekah successfully obtained a court ordered Will for a person who did not have testamentary capacity and where a Will had been executed by him while incapacitated and in questionable circumstances
Re McMahon [2022] QSC 236 – a successful defence of an application to rectify a will
AC v Department of Children [2021] QSC 64 – a case on setting aside an adoption with a view to then challenging an unfair will
Re Field QCAT GAA10450-21 – an application to overturn an Enduring Power of Attorney prepared for a person when he did not have capacity and in questionable circumstances. Rebekah successfully had the previous EPOA reinstated
Haggarty v Wood (No 2) [2015] QSC 244 – the second part of this case where the Rebekah was successful on behalf of her client in obtaining summary judgment against a defendant who sought relief against her pursuant to a testamentary contract
Haggarty v Wood [2013] QSC 327 – a mutual wills/contract to make a will case where Rebekah successfully applied on behalf of her client to strike out the plaintiff’s Statement of Claim. Rebekah’s application was made on the basis that the alleged contract to make mutual wills did not have any consideration moving from one of the parties and was not coupled with an agreement not to revoke the will. A claim of undue influence was also struck out because it did not allege any material facts from which an inference of coercion/undue influence could be drawn.
Therese is a valuable member of the McNamara Law team, having joined in November 2021, just before graduating from the University of Southern Queensland with a Bachelor of Law. She went on to complete her Graduate Diploma in Legal Practice with the Queensland University of Technology in June 2022 and was admitted to the legal profession in August 2022.
Therese works closely with her mentors, Senior Associate Rebekah Sanfuentes and Special Counsel Kevin Steed, and is quickly developing a reputation as a skilled and knowledgeable practitioner in the field. She has a particular interest in estate planning and excels at drafting Wills, Enduring Powers of Attorney, and other related documents. Her ability to provide clients with straightforward and practical solutions that reflect their unique circumstances is what drives her in her work.
Therese believes that effective estate planning is essential for protecting clients’ interests and ensuring their wishes are respected, which in turn can help ease the burden on grieving families. Her passion for the field is evident in her enjoyment of drafting complex and unusual clauses in Wills. Drawing on her love of painting and other forms of artistic expression, Therese enjoys the challenge of finding creative solutions to clients’ needs.
Overall, Therese is a highly motivated and talented junior lawyer whose dedication to her work and her clients make her an asset to the McNamara Law team.
Unit 10
88 Limestone St
Ipswich 4305
Queensland
Ph: 07 3816 9555
GE Building,
Level 1, 6 Yoga Way
Springfield Central 4300
Queensland
Ph: 07 3470 3600
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When you lose a loved one, often uncertainty follows as what to do regarding their estate.
If you have been named the executor of a will, or appointed administrator, you don’t have to do it alone. McNamara Law offer experienced estate experts who can give precise advice to help and guide you through this difficult time of administering a deceased estate.
We will help you liaise with valuers, financial personnel and institutions etc. ensuring the administration of the estate is efficiently undertaken.
The process of estate administration can be far from simple and usually deals with issues such as:
Contact McNamara Law today if you require assistance in administering a deceased estate.
If you have been left out of a Will or insufficiently provided for, it is vitally important that you seek the help of a law firm that is experienced in estate litigation matters.
McNamara Law can not only provide you with expert legal advice, but also offer a no-obligation consultation to find out where you stand.
There are often very good reasons why a person should be contesting an estate such as:
In Queensland you can contest a will if you are:
The court can consider many factors, when considering your dispute over the will, these being:
To contest a will in Queensland you need to satisfy one or more of the following:
The deceased’s spouse:
A person who was being wholly or substantially supported by the deceased at the deceased’s death, being:
The deceased’s child:
The deceased’s dependant:
A Will can also be contested for other reasons which include but aren’t limited to the following:-
If any of the above scenarios are applicable to your situation, please contact our office today on 13 58 28 to arrange a no-obligation consultation with one of our expert wills and estates lawyers. Strict timeframes apply to claims!
