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

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

Assisted a Widow / Executor of the Estate to defend a Family Provision claim brought by an Adult Child of the Deceased

Blaise Minter 18/05/2021

The client was the wife of the Deceased. They were married only 9 months prior to the death of the Deceased and met a mere 3 months prior to their marriage. Their relationship was cut short only due to the Deceased’s untimely death. The client was the Executor of the Deceased’s Will, which was being

Assisted Adult Children who were left out of their Father’s Will completely, to gain adequate Provision from the Estate

Blaise Minter 18/05/2021

The clients were adult children and contacted us to ascertain whether they could contest the Will of their late father (“the Deceased”). The children were the Deceased’s next of kin, as he died leaving no spouse surviving him. The clients were extremely distressed when they discovered that the Deceased had left his entire estate, including

Assisted a Disadvantaged Client with a Substantial Settlement Sum from her Late Grandfather’s Estate

Blaise Minter 18/05/2021

The client was an adult grandchild of the deceased. She sought our advice regarding contesting the Will of her late grandfather (“the deceased”), in which she was left a very modest legacy of $20,000 from an estate valued at approximately $750,000. The grandfather’s last Will was made many years prior to his death, after the

I am a Step-Child, can I contest my Step-Parents Will?

Blaise Minter 28/04/2021

Can I contest my Step-Parents Will? With a continuing rise in “non-traditional” families in Australia, there are an increasing number of step-children seeking to contest the Will of their step-parent, if they have been left out or not adequately provided for. It is often the case that the child’s natural parent died leaving their entire

Do time limits apply when making a Family Provision Claim?

Blaise Minter 28/04/2021

What factors influence the success of a Family Provision Claim? In New South Wales, a Family Provision claim must be filed within twelve (12) months from the date of death of the deceased person. We recommend notifying the executor or administrator of the estate of your claim within six (6) months from the date of

What does the Court consider when assessing a Family Provision Claim?

Blaise Minter 28/04/2021

What factors influence the success of a Family Provision Claim? Once the Court has established that the applicant is an “eligible person”, the Court then considers whether the deceased person’s Will has made adequate provision for the applicant’s proper maintenance, education and advancement in life. If the Court determines adequate provision has not been made,

Who can make a Family Provision Claim?

Blaise Minter 28/04/2021

I’ve been left out of a Will, am I eligible to make a claim on the Estate? Despite people having the freedom to direct who they leave their assets to when they die in their Will, there are laws in New South Wales allowing “eligible persons” to contest a Will if they have been either

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

Anna Roberts 20/01/2017

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 11/08/2016

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 04/08/2016

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

Assisted a Widow / Executor of the Estate to defend a Family Provision claim brought by an Adult Child of the Deceased

Blaise Minter

Assisted Adult Children who were left out of their Father’s Will completely, to gain adequate Provision from the Estate

Blaise Minter

Assisted a Disadvantaged Client with a Substantial Settlement Sum from her Late Grandfather’s Estate

Blaise Minter

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.

Estate Litigation Services

Strict time limits apply, so dont delay.

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

Advanced Estate Planning Guide

Family Law Smart Start Guide

Recent Articles

Assisted a Widow / Executor of the Estate to defend a Family Provision claim brought by an Adult Child of the Deceased

Assisted Adult Children who were left out of their Father’s Will completely, to gain adequate Provision from the Estate

Assisted a Disadvantaged Client with a Substantial Settlement Sum from her Late Grandfather’s Estate

I am a Step-Child, can I contest my Step-Parents Will?

Do time limits apply when making a Family Provision Claim?

What does the Court consider when assessing a Family Provision Claim?

Who can make a Family Provision Claim?

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

How to Bulletproof a Will from Family Provision Claims

Generation Planning: Protect Your Inheritance – Simple Legal Solutions

Recent Success Stories

Assisted a Widow / Executor of the Estate to defend a Family Provision claim brought by an Adult Child of the Deceased

Assisted Adult Children who were left out of their Father’s Will completely, to gain adequate Provision from the Estate

Assisted a Disadvantaged Client with a Substantial Settlement Sum from her Late Grandfather’s Estate

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.

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

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.

Get Answers Fast

4952 3901

Key Practice Contact

Blaise Minter

Senior Associate Solicitor

Email

blaise@delaneyroberts.com.au

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