Contested Estates

What kind of estate dispute do you need help with?

The phrase “contesting a will” can describe different legal problems. Identifying the issue first helps establish who can act, what evidence is needed and how urgently advice should be obtained.

Family provision

An eligible person asks for provision from an estate for their proper maintenance, education or advancement in life. The claim does not necessarily challenge the will’s validity. Eligibility and the Court’s further tests are set out in section 57 of the Succession Act 2006 (NSW) and section 59 of the Succession Act 2006 (NSW).

Will validity

A dispute about whether a will is legally valid, for example because of concerns about capacity, signing, knowledge and approval, or undue influence. A person needs a relevant interest in the probate dispute; family-provision eligibility alone does not establish that interest. See the Supreme Court of NSW’s contested-proceedings guidance.

Will construction

A dispute about what the words of a will mean and how they apply. An executor or a person with a relevant interest may need the Court to determine that meaning. This is distinct from asking for a larger share because provision is inadequate. Where the meaning of a will affects someone’s entitlement, rule 54.3(2)(c)(ii) of the Uniform Civil Procedure Rules 2005 (NSW) provides a procedure for asking the Supreme Court to determine their rights or interests under the will. This can help resolve uncertainty about who is entitled to a gift or how a clause applies.

Executor and administration disputes

Concerns about accounts, handling assets, distributions or the performance of an executor or administrator. The available application depends on the concern and the person’s interest. Some issues require separate administration proceedings, as explained in the Supreme Court of NSW’s guidance on estate accounts.

Who can bring a claim?

Being a relative or beneficiary does not give someone a right to bring every kind of estate claim. Family-provision applicants must fall within a statutory eligible-person category, and some categories face an additional threshold. Eligibility does not guarantee an order. Our Family Provision Claims in NSW guide explains the categories and further requirements.

For other disputes, the person’s interest in the estate, the issue and the orders sought determine the appropriate pathway. Our Contested Estates & Family Provision guide compares the evidence, timing and possible outcomes for each claim type.

How can our contested-estates solicitors help?

We advise applicants, executors and beneficiaries about the appropriate claim or response, eligibility, evidence, possible outcomes and costs. We can review wills and estate documents, communicate with other parties, assist with negotiation or mediation and prepare or respond to Court proceedings. Where litigation is required, we work with experienced counsel and keep you informed at each stage.

Bring any will or codicil, death certificate, grant of probate or administration, relevant correspondence and known Court dates to your appointment if available. Do not delay seeking advice while gathering documents.

No result or costs outcome can be guaranteed. A dispute may settle, proceed to a hearing or be dismissed, and an unsuccessful party may be ordered to pay another party’s costs. The Supreme Court of NSW explains these litigation risks.

Contact our Liverpool office on (02) 9602 5033 to discuss an appointment. Please call promptly about a deadline.