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Do you have a Queensland lawyer? Queensland. Answer my

Customer Question
Do you have a...

Do you have a Queensland lawyer?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Please answer my question - do you have a Queensland lawyer? please answer

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/11/2017
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,654
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

At present there is no QLD solicitor available.

I may be able to assist but I need more information about the issue.

Can you tell me what your question is?

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Customer reply replied 2 months ago
Hi Leon, I am wanting help with challenging a will. I need help filling out the Form 5 Originating application.
Solicitor: Leon, Solicitor replied 2 months ago

This is something that you cannot do yourself.

You need the assistance of a solicitor that practices in Succession Law.

If you are fearful of costs you should not be as they will all come out of the estate and you d not have to pay anything.

I can have a look at what you do but I would be negligent to allow you to lodge anything without seeing a solicitor.
These matters involve very complex legal issues and if you do not cover them all your application will be struck out and if you have refused to withdraw the other side can seek costs if the court strikes it out.

Have you written to the executors of the estate and advised them you are contesting? Have you obtained a copy of the will and the probate?

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Customer reply replied 2 months ago
Hi Leon, yes I have written to them. I am happy to engage a solicitor if I cant negotiate with my sister the executor. She is playing hard ball until I lodge the form 5. I think she will negotiate.
Customer reply replied 2 months ago
This is what I wrote on the Form 5. Should I talk to a QLD lawyer?
1. That the Last Will and Testament of Ruth Bevilaqua Herman be set aside and that under the Family Provisions Act Paul Mark Herman is to receive a greater share of the assets with Peter Oscar Herman receiving his share as provided and Be***** *****ttle receiving nil on the evidence that she has retained the property held with Tenants in common with Ruth Bevilaqua Herman and Basil Bernard Herman.
Solicitor: Leon, Solicitor replied 2 months ago

Part of the process is to negotiate and mediate the court will make you do that.

Do not prepare this on your own.

Where in QLD are you?

You can speak to the law society of QLD and they will refer you to a succession lawyer or equity lawyer.

Their website is as follows

http://www.qls.com.au/Home

You can also search online by clicking the Find a Solicitor Tab

And then select Find an Accredited Specialist.

Even if I was a QLD solicitor I could not assist. It would be negligent for anyone to do it on here and then have you file it.

That is the order you want but in addition to that you have to also prepare a detailed Affidavit to support the orders.

Also in the orders you cannot say the "greater Share" you have to be specific.

You have to set out how the will should be amended and the shares that you each receive.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 2 months ago
Can we negotiate on the fee because you cant help and you are not a QLD lawyer please.
Solicitor: Leon, Solicitor replied 2 months ago

Negotiate a fee for what?

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Solicitor: Leon, Solicitor replied 2 months ago

No solicitor on here would draft the document.

As I have said the order you have shown me are too wide.

They have to be specific.

Also you need a very detailed Affidavit that backs up why the court should make the orders.

Whether in QLD or NSW the process and the forms are the same.

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Customer reply replied 2 months ago
Just answer quoted me $45 and then they quoted $98
Solicitor: Leon, Solicitor replied 2 months ago

I am also just a user of the sight answering questions.

You can contact them and question the fee and I will pass it on.

But before I do that I need to make sure you have understood what I have said.

I have seen may try and do this on their own and fall fowl of procedure and it costs them alot of money.

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Customer reply replied 2 months ago
Hi Leon I very much appreciate your help. The supreme Court said we only need to lodge the form. Affidavits can come later.
Customer reply replied 2 months ago
I think I need QLD advice. I know you are doing your best.
Solicitor: Leon, Solicitor replied 2 months ago

Yes but the form you are filing you need to draft it where you clearly show shares.

You have to speak to a solicitor because what you will put in the affidavit will decide what the orders should be.,

If you ask for the wrong orders and you seek to change them later you will be up for costs.

I practice in this area alot and it does not matter what state you are in. The laws and rules are the same.

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Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,691
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Customer reply replied 2 months ago
I need a QLD lawyer.
Solicitor: John Melis, Lawyer replied 2 months ago

we can assist you on your important matter as required

I have extended a special offer to you talk on the telephone as required.

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Customer reply replied 2 months ago
Hi John, I need a queensland Lawyer to help me fill out a Form*****Originating application.
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,691
1,691 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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