Estate Litigation
Our estate litigation lawyers provide expert guidance, resolving disputes efficiently while protecting estates, beneficiaries and our clients legal rights.
How Can We Help You?
Our Estate Litigation Lawyers Help You Resolve Disputes with Expertise
Estate litigation matters can be complex, emotional and legally challenging. Our Estate Litigation Lawyers, servicing Newcastle, Lake Macquarie, and surrounding regions, provide expert guidance through contested Wills, family provision claims and administration issues. We focus on protecting estates, beneficiaries and clients’ interests, offering clear advice and practical solutions to achieve fair outcomes while managing the legal process efficiently.
Hunter Region Estate Litigation Lawyers – Protecting Your Interests
When estate disputes arise after a loved one’s passing, emotions and legal issues can feel overwhelming without the right support. Our Estate Litigation Lawyers at Clarity Lawyers help with family provision claims, contested Wills and trust disputes. We provide tailored strategies, clear communication and compassionate support, ensuring your rights are safeguarded while you manage the court process with confidence and care.
How Can We Help You?
Contested Wills
We assist in disputes over the validity of a Will, including concerns about improper execution, undue influence or lack of capacity.
Family Provision
We represent clients making or defending claims for further provision from an estate where adequate support has not been left.
Executor Disputes
We advise on conflicts involving executors or trustees, including allegations of misconduct, mismanagement or breach of duty.
Undue Influence
We act in cases where a Will or estate decision may have been made under pressure, coercion or manipulation.
Beneficiary Conflicts
We resolve disagreements between beneficiaries about entitlements, distributions or the interpretation of estate documents.
Trust Disputes
We guide clients through legal disputes involving testamentary or family trusts connected with an estate.
Book A Free 15-Minute Discussion
Speak with one of our experienced lawyers to get early advice, understand your options, and find out how we can help, with no cost and no pressure.
Call Us Now – 1300 761 803
Prefer to speak with someone directly? Call us today to chat with our team, and we’ll guide you through the next steps or help you choose the right appointment.
Jess is an experienced Solicitor with a strong focus on Wills and Estates, delivering expert legal services across all aspects of estate planning, probate, and estate administration. Her work includes the drafting of Wills, Testamentary Trusts, Enduring Powers of Attorney, and Enduring Guardianship documents.
Jess is known for her thoughtful and personalised approach. She takes the time to understand her clients’ unique family dynamics, values, and goals, ensuring every estate plan is carefully tailored to meet their individual needs. Her passion for estate planning lies in helping clients gain peace of mind by putting clear, considered plans in place for the future.
In addition to her estate planning expertise, Jess has extensive experience in estate administration, including obtaining probate and letters of administration. She also advises on and acts in contested estate matters, including family provision claims. Her compassionate yet practical approach helps clients navigate complex and often emotional situations with clarity and confidence.
With a reputation for professionalism and empathy, Jess is a trusted advisor for clients seeking comprehensive, future-focused estate solutions.
Thanks Sam,
You were actually referred to me by one of your previous clients. Just goes to show how strong word of mouth is, especially in this town. There are now even more people running around Newcastle saying what a terrific job you do.
From my perspective, you are light years ahead of the competition. It is so good to see a professional with such great customer service, who can communicate in a calm clear manner, especially when I am usually a bit emotional. ☺
Keep up the good work Sam, I look forward to continuing to work with you on my matter.
Regards
Thanks Samantha,
I’m still feeling a little shell-shocked but slowly getting used to the idea that it is nearly all over.
Thank you for all your support – professionally and emotionally. It was a big day and I was glad you were with me throughout the entire process,
Good morning Samantha
Thank you very much for your advice and support during the last 2 years. I am pleased to have settled the matter. It's appreciated and I will highly recommend you.
Thanks again
FAQs
What is estate litigation, and when is it required?
Estate litigation arises when disputes occur over a deceased person’s estate. This may include Will disputes, questions about testamentary capacity, suspicious circumstances, or concerns over whether adequate provision have been made for all family members. Such claims are usually dealt with in the Supreme Court. Our Wills and Estates team can help you seek legal advice, protect your best interests, and resolve matters fairly.
Can I contest a Will if I was left out?
Yes. If a Will maker has not adequately provided for you, you may bring a claim under the Succession Act 2006 (NSW). This applies if you are an eligible person who has been unfairly excluded. The Supreme Court will consider whether you have been properly provided for, balancing the deceased person’s intentions, your needs, and the rights of other beneficiaries.
Who can bring a family provision claim in NSW?
In NSW, the general rule is that certain eligible people can bring such applications. This includes a spouse, de facto partner, children or other family members who were dependent on the deceased person. If you believe you were not adequately provided for in a loved one’s Will, you may be able to seek legal advice and apply to the Supreme Court for proper maintenance and benefit.
How long do I have to contest a Will?
Under NSW law, individuals usually have 12 months from the date of death to contest a loved one’s Will by bringing a family provision claim. Extensions are rare and only granted in exceptional circumstances. If you believe you have been unfairly treated or excluded, seek legal advice promptly to discuss your circumstances and protect your right to challenge a deceased estate.
What happens if executors or beneficiaries disagree?
Disputes between executors and beneficiaries over a deceased person’s estate can be extremely difficult. Issues may arise in estate administration about the distribution of assets, the adequacy of provision, or the validity of a Will. Such disputes may be resolved through negotiation, mediation or court proceedings in the Supreme Court. Our Wills and Estates team can help you seek legal advice and guide you toward fair and practical outcomes.
How are estate disputes usually resolved – mediation or court?
Most Will disputes and estate litigation matters in NSW are resolved by negotiation or mediation rather than a full hearing in the Supreme Court. Mediation allows other family members and beneficiaries to discuss issues confidentially and work towards a settlement.
What will it cost me to challenge or defend a Will?
The cost of contesting or defending a loved one’s Will depends on the nature of the dispute and whether it settles early or proceeds to a court hearing. The general rule is that costs are paid from the deceased’s estate, though this is not guaranteed. Our Wills and Estates Lawyers can provide clear guidance, tailored strategies and cost information so you can make informed decisions.
Clarity Lawyers - Helping You To Resolve Estate Disputes Effectively
Estate disputes don’t need to feel overwhelming. Our Estate Litigation Lawyers provide precise, professional guidance to help you resolve contested Wills, family provision claims and trust disputes. We’re here to protect your rights and support you through each step of the process.
