Estate Litigation

Inheritance disputes and disputes in relation to the Adminstration of a Deceased Estate can cause considerable angst between family members and delay or restrict access to your rightful entitlements.

Speak to an Estate Litigation Lawyer today to find out how we can help you to protect and advance your inheritance and/or the proper Administration of your loved one’s Estate.

Disputes arising after the death of a loved one occur for many different reasons. You may feel you have been unfairly left out of a Will or the Executor of the Estate might not be administering the Estate as fast as you would like or there might be a disagreement about the validity of a Will orthe meaning of clauses within the Will itself.

Estate Litigation Services

We can help you resolve disputes or issues in relation to a Deceased Estate so that you can move through the grieving process.

We are able to help you with:

Defending a Will

If you the Executor (or Beneficiary) of a Will being challenged and need to protect your entitlement under a Will.

Contesting a Will

If you are an eligible person and have been left out of a Will or not adequately provided for and need to make a claim for provision from the Estate (Family Provision Claims).

Rectification of a Will

Correcting the terms of a Will it if fails to carry out the Will-maker’s intentions because of the way the Will are expressed, or due to a clerical error.

Construction of a Will

Determining the proper meaning or interpretation ofthe terms of a Will where there is ambiguity or the meaning is disputed.

Testamentary capacity

Challenging the validity of a Will where there are questions around whether the Will-maker had sound mind so as to have the requisite testamentary capacity at the time they made or changed their Will.

Informal Wills

Where the Willmaker has expressed their testamentary intentions in a document that does not meet the legal requirements for a valid Will. These circumstances can be contentious where the document conflicts with a previous valid Will and/or would affect people that would otherwise benefit if the intestacy rules were to apply.

Undue influence

Challenging the validity of a Will where the Will-maker was unfairly coerced or otherwise unconscionably taken advantage of when drafting their Will.

Delay or mismanagement by the Executor

Taking acting against the Executor appointed by the Will where they have a conflict of interest, unnecessarily delayed administration of the Estate, mismanaged the Estate administration or are simply unable to agree on the Estate administration.

Promissory Estoppel

Making a claim on a Deceased Estate on the basis of your detrimental reliance on a promise made to you by a person prior to their death.

Our approach is to provide you with reliable advice in plain English in a kind and compassionate manner. If you have an Estate Dispute and need legal assistance or would like to seek the opinion of an experienced Estate Litigation Lawyer call 02 4952 3901.

Strict time limits apply, so dont delay.

Call us now for an obligation-free initial consultation with an experienced Estate Litigation Lawyer

Rebecca Wosman

Associate Solicitor

Anna Roberts

Director, Solicitor & Family Dispute Resolution Practitioner

Clare McAteer

Associate Solicitor

Advanced Estate Planning Guide

Over the last 10 years or so there has evolved an increasing responsibility for Solicitors and other advisors to ensure that clients are aware of the legal solutions available to protect their Estates (current and future assets) and give effect to their Estate Planning intentions.

Notwithstanding, many Solicitors and other advisors continue to adopt a basic approach to Estate Planning only and do not offer any service to address Advanced Estate Planning considerations and solutions.

Family Law Smart Start Guide

Marriage or relationship breakdown is one of the most stressful life events that you will encounter.

Getting through it and successfully moving on will depend on many things, including the ability and experience of your Family Lawyer.

Experience the empowerment of knowing where you stand at an early stage by downloading our guide and making a Smart Start Appointment with one of our dedicated Family Lawyers.

Recent Articles

Blended Family Will Disputes, recent Supreme Court decision provides fresh insight

Anna Roberts 20 January, 2017

Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person

How to Bulletproof a Will from Family Provision Claims

Sam Roberts 11 August, 2016

Recently SBS Insight addressed the topic of “Making a Will”. The programme explored how the family provision laws under the Succession Act 2006 (NSW) enables a Court to effectively rewrite a person’s Will where it is found that an inadequate provision has been made for an eligible person. Two (2) of the guests that were

Generation Planning: Protect Your Inheritance – Simple Legal Solutions

Anna Roberts 4 August, 2016

Sue is married with two (2) adult children and a grandchild on the way. Sue operates a small business as a sole trader. Sue is an only child and expects that she will soon receive a substantial inheritance from her elderly mother. Sue seeks legal advice as to what she should do to ensure her

Helping Your Children – Loan or Gift? – Simple Legal Solutions

Anna Roberts 4 August, 2016

Andrew has recently started his own business. Andrew has incorporated a company of which he is the sole director and entered into a number of contracts with suppliers. As the director Andrew has also signed a number of personal guarantees. Andrew’s father Mark wants to help Andrew out with his new business venture and has

Providing for Your Second Spouse After Your Death – Simple Legal Solutions

Anna Roberts 29 July, 2016

With the aging population and the number of blended families and second spouses on the rise it is increasingly important that your Estate Plan effectively addresses the competing interests of your children and a second spouse. Life Interests or Rights of Residence created in a Will are common parts of many Estate Plans when there

Pre-empting Contested Wills Claims

Anna Roberts 27 August, 2013

What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an “eligible person” against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person’s Will where the “eligible person” has been

An Introduction to Advanced Estate Planning

Anna Roberts 15 February, 2012

What is Advanced Estate Planning? Advanced Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Advanced Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most advantageous

Planning for the forseeable: Why appoint an Attorney & Guardian?

Anna Roberts 15 February, 2012

What if I suffer a serious injury, illness or trauma? Fundamental to every Modern Estate Plan is considering what will happen to you and your loved ones in the event that you suffered from a serious injury, illness or trauma during your lifetime. This involves: the appointment of trusted persons to act as your attorney

Don’t Risk more then you can Afford to lose: Personal Insurance Planning

Anna Roberts 15 February, 2012

What is Personal Insurance Planning? What would happen to you and your loved ones if for any reason you were unable to continue to earn an income? How long could you and your family maintain your current lifestyle or afford to make repayments on your house or investment loans? Your ability to earn an income

Wills & Asset Protection Trusts: Why your beneficiary’s circumstances are as important as yours

Anna Roberts 15 February, 2012

What is an Asset Protection Trust? (also known as a Testamentary Trust) An Asset Protection Trust is simply a Trust created by a valid Will and funded by Estate Assets. The Trust commences when the Executor finishes administering the Estate. There a many different types of Testamentary Trusts that can be established in a Will.

Estranged adult son’s claim for provision from father’s $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.

Anna Roberts

The client was the Executor of her father’s Estate (“the Client“). Under the terms of her father’s Will, she was appointed as the Trustee of a testamentary trust that conferred upon her a discretionary power to control and distribute an Estate valued at approximately $3.5 – $4 million. Of particular value was a number of

Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

Anna Roberts

The client was the Executor of his mother’s Estate (“the Client“). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will“). At the time that the Will was made, the Client’s mother (“the Deceased“) intended that her Estate would go to the Client and his

Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.

Anna Roberts

The client was the de facto partner of the Deceased (“the Client“). She sought a Family Provision Order on the basis that she had not been provided for in any way in the will of the Deceased. The Deceased died unexpectedly as a result of an accident, and left a Will in which he appointed

Estate Litigation

Inheritance disputes and disputes in relation to the Adminstration of a Deceased Estate can cause considerable angst between family members and delay or restrict access to your rightful entitlements.