Will Disputes Specialists
We assist both those making a claim and those defending one. Whether you are challenging the distribution of an estate or need help protecting the terms of a Will, you can count on our expertise.
Free Will Dispute Assessment
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Here to Help
If you have been left out of a Will or believe the outcome of an estate is unfair, you may have grounds to challenge it. On the other hand, you might be responsible for defending a Will against a claim from someone who feels they were entitled to more.
These matters can arise during a difficult time and are often made more complex by blended families, second marriages or unclear instructions left behind. Disagreements are common and often require careful handling.
Our Engadine lawyers assist with both sides of the process. Whether you are questioning how an estate has been distributed or you are seeking to uphold the wishes of someone who has passed away, our team can review the matter, assess the documents, and help you work toward a strong and reasonable outcome.
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Area of Expertise
Finalising an estate is not always straightforward. We assist with the full process of probate, including preparing applications, dealing with banks and super funds, contacting asset holders, and arranging the distribution of the estate. If complications arise, we help manage them promptly so delays are avoided.
Deceased Estate Probate
If you are involved in a disagreement about a Will or estate, we can help you assess your position and take the right steps. Whether you are making a claim or responding to one, we assist with matters such as contested Wills, claims of improper influence, and disputes involving fairness or capacity.
Disputing Wills & Estates
Speak with an experienced Will and estate dispute lawyer in Engadine
Book your free case review today and find out where you stand.
Frequently Asked Questions
Disputes over a Will or estate can occur for many reasons. Common situations include:
- The contents of the Will do not reflect what the deceased person may have actually intended
- A newer document exists that may override an earlier Will, but its legal status is unclear
- Someone may have influenced the Will-maker unfairly, leading to an unbalanced distribution of assets
- The person making the Will may not have had the mental capacity to make legally binding decisions at the time
- Executors or administrators may be failing to act in the best interests of the beneficiaries
In many cases, early resolution is the best approach. Avoiding court can save time, reduce legal costs, and help preserve estate funds for the intended recipients.
We assist with both sides of these disputes. Whether you are questioning the validity of a Will or defending it against a challenge, we help you assess the situation and explore the best path forward.
In New South Wales, certain individuals can make a claim if they believe they have not been properly provided for from a deceased estate. These applications are made through the Supreme Court and are known as family provision claims.
While this option exists to correct unfair or unbalanced outcomes, the process is not always simple. There are several factors the Court considers before making any changes to how an estate is distributed.
That said, many disputes are resolved before reaching a courtroom. Outcomes are often reached through private negotiation or mediation, allowing families to avoid the time and cost involved in a full hearing.
We act for both claimants and estate representatives. Whether you are making a claim or defending one, we assist with strategy, paperwork and discussions so that the matter can be resolved with clarity and care.
Yes. Claims must usually be made within 12 months of the person’s passing. While the Court does have discretion to extend this period in limited cases, it’s best to act as soon as possible.
Early involvement can open the door to settlement discussions and reduce the likelihood of court proceedings. Whether you are considering a claim or responding to one, we can help assess your position and map out the next step.
In most cases, the legal expenses for the executor defending a claim are covered by the estate. A successful claimant may also recover their legal costs from the estate. However, if a claim lacks merit or is unsuccessful, the person who made the claim may be required to pay their own costs and, in some cases, cover the estate’s legal fees as well.
We help clients understand what is at stake and how best to approach these matters from the outset. If cost is a concern, speak with us about your options before making any decisions.
Yes. If you are an executor or a beneficiary and someone is challenging the Will or the distribution of the estate, it is important to act quickly. Whether you are managing the estate or directly affected by the outcome, we can assist in preparing a response and working toward a resolution that protects your interests.
Our team works with both executors and beneficiaries to resolve disputes with clarity and focus. If you are involved in a dispute or anticipate a claim, contact us to discuss the next step. Time limits do apply, so early advice can make a real difference.
Speak to a Wills & Estates Lawyer
From drafting your Will to managing probate and complex estate matters, our team offers clear, compassionate legal support tailored to your circumstances.