Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
12/11/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,707
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.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 7 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?

Ask Your Own Australia Law Question
Customer reply replied 7 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 7 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?

Ask Your Own Australia Law Question
Customer reply replied 7 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 7 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 7 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

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Can we negotiate on the fee because you cant help and you are not a QLD lawyer please.
Solicitor: Leon, Solicitor replied 7 months ago

Negotiate a fee for what?

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 7 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.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Just answer quoted me $45 and then they quoted $98
Solicitor: Leon, Solicitor replied 7 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.

Ask Your Own Australia Law Question
Customer reply replied 7 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 7 months ago
I think I need QLD advice. I know you are doing your best.
Solicitor: Leon, Solicitor replied 7 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.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,292
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.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
I need a QLD lawyer.
Solicitor: John Melis, Lawyer replied 7 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.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Hi John, I need a queensland Lawyer to help me fill out a Form*****Originating application.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Melis Your Own Question
John Melis
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,292
3,292 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,707 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,292 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I want to know the legalities if loaning a vehicle in
I want to know the legalities if loaning a vehicle in Queensland. … read more
John Melis
John Melis
Lawyer
3,292 satisfied customers
A lawyer friend of my sons has taken out power of attorney
A lawyer friend of my sons has taken out power of attorney over my sons property using it for his own benefit not allowing my son any money … read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
We are a group of ratepayers who have had a special levy put
We are a group of ratepayers who have had a special levy put on our rates because we live on a waterway. The levy is to pay for dredging and maintenance. The canal has been in existence for 25 years b… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
In Queensland can a parent/s apply for Letters of Administration
In Queensland can a parent/s apply for Letters of Administration when there is no will for deceased son who is divorced but has a 6 year old child who was in shared care with the mother with the inten… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I am an Australian citizen married (legally in the US...not
I am an Australian citizen married (legally in the US...not in Australia I know) to an American same-sex spouse. We live in Los Angeles. We own a house and car in Queensland. We reside mostly in the U… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I want to sue an Australian (Queensland) citizen for breach
I want to sue an Australian (Queensland) citizen for breach of contract. Is it possible for me to do so while remaining in the US...i.e. as in using an Attorney as my proxy?… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi there i have a arrest warrant for me in Queensland for fraud
Hi there i have a arrest warrant for me in Queensland for fraud the police want me to come and hand my self in to the police station but i told them no. I am in New south Wales at the moment i wanna k… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My lawyer (in Victoria) prepared a transfer for units (not
My lawyer (in Victoria) prepared a transfer for units (not residential units) in a motel property trust in late 2005. The underlying property was mostly in Queensland with 20% in Victoria and NSW. I t… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, My name is XXXXX XXXXX I live in Melbourne. My problem
Hi, My name is XXXXX XXXXX I live in Melbourne. My problem is that in trust I have loaned $5,000 to an old friend/colegue of mine, who in the past 15 years lives in Brisbane, Qld. I was asked by her t… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, My stepfather, Adam Burak passed away 3rd october 2008.
Hi, My stepfather, Adam Burak passed away 3rd october 2008. He had two daughters from a previous marriage. There was no will so his assets automatically passed to my mother and this was not contested.… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I am a Queensland mental patient coercively treated against
I am a Queensland mental patient coercively treated against my will on a forensic order. What states & territories do not have an extradition treaty with Queensland, so that if I decide to abscond ove… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Legal question I wish to dispute my separation agreement due
Legal question: I wish to dispute my separation agreement due to be under duress. I separated in Ontario, Canada but now live in Brisbane, Australia. Can I seek legal advice from a Queensland lawyer o… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Good Evening I have a family court order in place since
Good Evening I have a family court order in place since my divorce regarding my children. Only 1 of my children are now effected by this order. In the order we included that the children were not allo… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Could you please tell me if there are any Queensland lawyers
Could you please tell me if there are any Queensland lawyers who are conducting the same business. Your response would be appreciated as our relatives are contemplating sale of their property in North… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I wold like to know if it is possible to have a will taken
I wold like to know if it is possible to have a will taken out of the hands of the Public Trustee of Queensland ?… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
I have had a judgement taken out against me in Queensland for
I have had a judgement taken out against me in Queensland for a debt I did not pay. I have now paid the amount due. I want to file a notice of discontinuance in Queensland - but the lawyer representin… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hello I have a question Its a bit complicated. If an accountant
Hello I have a question? Its a bit complicated. If an accountant has ripped off (client ) and also put himself(the accountant) in a persons personal will,AS TRUSTEE OF THE TRUST. also consulting with … read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
I was trying to find out is it possible to get a pardon as
I was trying to find out is it possible to get a pardon as I'm finding it is now effecting my work. I have not served any goal time. I was fined and had a suspended sentance. The offence was goods in … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x