Helping You Manage Complex Estate Disputes With Care & Expertise
Disputes over Wills, estates or trusts can be stressful and complex. We guide you through the legal process to resolve conflicts fairly and as early as possible – to protect your rights and rightful inheritance.
Whether you’re contesting a Will or defending an estate, we work to achieve the best possible outcome with sensitivity and professionalism.
Handling Estate Litigation Matters Effectively & Efficiently
When disputes arise, emotions and stakes run high. Without expert advice, families may suffer delays, financial losses or unfair outcomes, at what is already a stressful time.
Our lawyers help you manage all of the legal requirements and represent your interests to ensure your family’s legacy and your loved ones are protected. We understand that disputes relating to deceased estates can be particularly distressing, and provide prompt and professional support throughout the process.
How Can We Help You?
Will Disputes
Assisting you to challenge or contest a Will, when you’ve been unfairly left out of a Will or not properly provided for under the law.
Defending A Will
Protecting the wishes of the deceased and supporting executors or beneficiaries facing a claim against the estate.
Family Provision Claims
Guiding you through the process of claiming a fair share of an estate when you were financially dependent on the deceased.
Undue Influence / Lack Of Capacity
Helping with matters where it is unclear whether a Will reflects the true intentions of the deceased or whether it was made without proper capacity or with undue influence.
Executor Disputes
Resolving tensions and disputes when executors fail to act properly, or their decisions place the estate at risk.
Intestacy Disputes
Helping you manage legal complexities when someone has died without a Will and others are claiming a right to the estate.
Superannuation Disputes
Acting on your behalf when superannuation funds are not distributed according to your relationship or entitlement.
Trust & Estate Administration
Supporting you in resolving concerns over mismanagement, delays or unfair conduct in the administration of an estate or trust.
Probate & Letters Of Administration
Assisting with court processes when there is disagreement over who should administer the estate or which Will is valid.
Two Easy Ways to Get Started With Us
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.
Get Support From Our Skilled Estate Litigation Lawyers
Gain clarity and confidence with guidance from our compassionate estate litigation team. Serving Newcastle, Maitland and nearby areas, we help you resolve disputes over Wills and estates with sensitivity, professionalism and a clear focus on protecting your interests.
Frequently Asked Questions
Who can contest a Will in NSW?
An eligible person, such as a spouse, child or dependent, may contest a Will under the Succession Act. These estate claims are typically brought when someone believes they have not been adequately provided for or were unfairly treated in the deceased person’s Will.
What is a family provision claim?
A family provision claim is made by someone in a specific category seeking further provision from an estate for their proper maintenance and support. Such claims require the Court to weigh the moral responsibility of the Will maker against the needs of the other beneficiaries.
Is there a time limit to contest a Will in New South Wales?
Yes. Under the Probate Act, you must act quickly. A family provision claim must be filed within 12 months of the deceased person’s death. Court orders allowing late claims may be possible in specific circumstances, but it’s essential to seek advice as early as possible.
Can I challenge a Will if the person lacked capacity?
Yes, this is called a capacity claim. If the Will maker lacked capacity — meaning they did not have the requisite soundness of mind; or was influenced by an ‘insane delusion’, the Court may find there is no valid Will and make alternative orders.
What is an undue influence claim?
An undue influence claim argues that the Will maker was pressured or manipulated into an unwanted disposition of their estate. Proving this requires evidence of coercion that overrode the Will maker’s free will, often involving medical practitioners, family members or other behaviour suggesting control or exploitation.
What happens if someone dies without a Will in New South Wales?
If a deceased person leaves no valid Will, their assets are distributed under intestacy rules. These don’t always ensure fair distribution, especially if there are family trusts, property held jointly or complex financial decisions need to be made during the estate process. It’s best to seek legal advice tailored to your particular circumstances.
Do estate disputes always go to Court?
No. The litigation process can often be avoided, and many matters are resolved through negotiation or mediation. However, if that fails, claims may proceed to the Supreme Court. We assist clients in reaching the best outcome while balancing legal costs and emotional impact.
Can an executor be removed from an estate?
Yes. If an executor breaches their duties, causes delays or acts against the estate’s best interests, the Court can seek orders to remove them. Trust executors must also act with honesty and care at all times. If you are unsure if an executor is managing an estate properly, it’s essential to seek professional legal advice. If required, accessing legal representation can help ensure proper conduct or pursue removal where needed.
