6-8 William Street, Nambour, Sunshine Coast

Estate Litigation Lawyer Sunshine Coast


We offer no-win, no-fee options in our Estate Litigation division. 

Contact Butler McDermott Lawyers on (07) 5441 1044 for a free initial conversation with the Head of Estate Litigation.

Butler McDermott Lawyers can help you seek justice through estate litigation

Navigating the aftermath of a loved one’s passing is challenging, especially when the will doesn’t reflect your expectations or the promises made to you.

At Butler McDermott Lawyers, we understand that the distribution of an estate is more than a legal process—it’s about honor, fairness, and the fulfillment of a loved one’s true intentions. That’s why we specialise in helping eligible individuals contest or challenge wills, ensuring they receive fair provision from the estate.

We can help you if:

  • Have experienced exclusion from the will.
  • Need help defending an estate claim.
  • Believe there are discrepancies between the deceased’s promises and the will’s provisions.
  • Receipt of a lesser provision than expected or promised.
  • Believe that the deceased did not have capacity when they executed their Will.
  • Believe that the deceased was influenced when making their Will.

Contesting vs. Challenging a Will: Know the Difference

It’s crucial to distinguish between contesting the distribution of an estate and questioning the will’s validity through a challenge.
Our team is adept at managing both, depending on your unique circumstances.

Who Is Eligible To Contest or Challenge a Will?

Eligibility to contest or challenge a will is specific; not just anyone can make a claim.

Those who may be considered include:

  • Spouses and Partners: Recognising all forms of partnership.
  • Children: Including stepchildren and adopted children.
  • Dependents: Those who were financially reliant on the deceased.
  • Beneficiary on an intestacy or if you were a beneficiary named in a previous Will.

Our Approach

Understanding the Process

Contesting or challenging a will involves a clear-cut, yet intricate legal process. Right from gathering crucial evidence to showcasing your relationship with the deceased, we guide you through every step. We ensure your claim is notified and filed within the mandated times, and we staunchly represent your interests through mediation or, if necessary, trial.

Handling Costs

We understand the financial strain these proceedings can cause. This is why many of our services include arrangements to ease your immediate financial burden, by deferring fees until the resolution of your claim through our No Win, No Fee payment structure.

Timelines That Matter

Adhering to specific timelines is crucial in these matters. In Queensland, you have six months from the deceased’s death to notify the estate of your claim and nine months to file your application and we’re here to navigate you through them seamlessly.

Why Choose Butler McDermott Lawyers?

Choosing to contest or challenge a will is a significant decision, intertwined with complex emotions and legal intricacies. With Butler McDermott Lawyers, you’re not just gaining legal representation; you’re partnering with a team that’s deeply committed to ensuring justice is served, and your loved one’s true wishes are honored.

Our track record speaks volumes, with a long history of successfully helping individuals navigate the challenging waters of estate litigation. When you choose us, you choose a partner who values fairness, respect, and diligent pursuit of your rightful provision.

Let’s honour their wishes together.

Ready to explore your options? 

Contact us today for a free in initial consultation and take the first step towards safeguarding your entitlements in your loved one’s estate. 

Kind words from our clients

OUTSTANDING! My family have relied on Butler-McDermott for all of our estate planning and conveyancing needs for around five years. We have had some complex health issues to navigate requiring very careful consideration of management of the estate as well as Power of Attorney for both Financial and Health related matters, and this has involved our whole family not just my wife and I as our eldest is to be an Executor. At all times we have found Butler McDermott to be extremely helpful with following advice, providing advice and developing simple and effective solutions for complex problems. Turnaround times and fees were very very good and our degree of trust in Butler McDermott is very high chance we feel they deserve five stars and absolutely no hesitation recommending them. Going forward we will rely on Butler McDermott Nambour for all of our legal needs. We live in Brisbane but our team is in Nambour and that has been no barrier whatsoever to our requirements. Jamie Lee Hunt and Mr Peter Boyce (now retired) thank you so much!
Marty Breen
Marty Breen
8 May 2024
Highly recommended. Their service was exceptional during a difficult time.
david j
david j
26 April 2024
Kimberley Sutton assisted us with the purchase of our home and made the process so easy. This is our second time dealing with Butler McDermott and we highly recommend them.
Dan & Alexis Richards
Dan & Alexis Richards
11 April 2024
Very satisfied with the professional service performed by Butler McDermott
Doug Jess
Doug Jess
9 April 2024
Jamie is an exceptional Lawyer, and she works very hard to get a good result. She is very knowledgeable and is able to communicate effectively and she is just a very lovely person and she is excellent and very good at her job. Thankyou Jamie, Mackenzie, Brady & staff. A big thankyou also to my Barrister Geoff Bar. A Awesome team who work hard for there clients to get results.
Deborah Briskey
Deborah Briskey
4 April 2024
Kimberley and the team are a pleasure to deal with and everything went so smoothly thanks to their help and professionalism.
Natalie Freeman
Natalie Freeman
27 March 2024
Very easy to talk with, informative and encouraging
Emma Guyatt
Emma Guyatt
25 March 2024
Our organisation received amazing service and support from Kimberley Sutton, Conveyancer. Very thorough attention to detail as well as prompt and friendly service enabled our transaction to process smoothly and stress free. Many thanks from GCC
Helen Potter
Helen Potter
25 March 2024
Kim was very helpful and kept us well informed on the details of our property sale during the settlement time. Never a problem in dealing with this firm and have been with them for many years now - Rog & Jill Chadwick.
Roger Chadwick
Roger Chadwick
21 March 2024

Personalised Client Care.

100 years

100 years of service.

Dedicated Experts.

Personalised Client Care

At Butler McDermott Lawyers, we are committed to providing unparalleled client care and professionalism. We treat each client with the utmost respect and attention, regardless of their individual circumstances or the complexity of their case. It truely is what sets us apart from others.

100 Years of Service

With over 100 years of service to the Sunshine Coast and the greater region, we at Butler McDermott Lawyers have proven experience in almost all facets of law. With stronger negotiation and advocacy skills, we provide the right advice from experts who have done it before.

Dedicated Expertise

We at Butler McDermott Lawyers stand out as leaders in the legal field through our dedication to continuous professional development. By prioritising ongoing learning and professional growth, we ensure our team of experts is well-versed in the latest legal matters and practices. This commitment not only deepens our expertise but also enhances our ability to provide the highest level of advice to clients across various legal matters.

Meet Our Estate Litigation Team

Request a free initial
consultation with our
Head of Estate Litigation

6-8 William Street, Nambour, Sunshine Coast,
Queensland 4560

Simone Faunt


Peter Boyce


Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims


Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King


Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton


After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.