Practice — Estate disputes and will challenges
Estate disputes and will challenges
When the document does not settle the matter.
Most estate disputes are not really about the will. They are about the relationships the will reveals, and the relationships it fails to.
What we do
We act for claimants and estates in disputes over wills, inheritances, and the administration of deceased estates. The work ranges from negotiated resolutions in the weeks after a death to contested proceedings in the Equity Division of the NSW Supreme Court.
Family Provision Act claims
We act for eligible persons, spouses, former spouses, children, dependants, and others, who have been left without adequate provision in a will, and we act for executors and beneficiaries defending such claims. Family Provision matters in NSW are governed by the Succession Act 2006 and are heard in the Supreme Court. Most settle before hearing; we prepare every matter as if it will not.
Contested probate
We act in disputes over the validity of wills, testamentary capacity, undue influence, knowledge and approval, and proper execution. We also act in matters where probate has been granted of one will and a later will is subsequently produced, and in disputes between competing executors.
Disputes between executors and beneficiaries
We act for executors who are being challenged by beneficiaries, and for beneficiaries whose interests are not being properly administered. The work includes applications for the removal of executors, applications for accounts, and applications for directions from the court.
Estate administration
Where the estate itself is uncontentious but its administration is complex, multiple jurisdictions, business assets, missing beneficiaries, foreign estates, we act for executors in the administration itself.
How we work
Estate disputes are partner-led, with the principal involved from the first meeting and throughout. The early stages of a matter are often the most consequential: a properly framed claim or defence in the first weeks after a death will often determine whether the matter settles in months or runs for years. We act decisively in those early weeks, and we keep our clients closely informed as the matter develops.
Common questions
Who can challenge a will in NSW?
Under the Succession Act 2006 (NSW), eligible persons can apply for a Family Provision order from a deceased estate. Eligible persons include the deceased's spouse or de facto partner, former spouse, children, including adult children, grandchildren in some circumstances, and others who were dependent on the deceased.
What is the time limit for a Family Provision claim in NSW?
In NSW, a Family Provision claim must be made within twelve months of the date of death. Late applications can sometimes be allowed by the court, but only with leave and on cause shown.
Most estate disputes settle. How does that work?
The Supreme Court requires the parties to attend mediation before a Family Provision claim is set down for hearing. Most matters settle at or shortly after mediation, on terms negotiated between the parties. We prepare every matter as if it will not settle, because that is what produces the best settlement outcomes.
Can a will be set aside on the basis of testamentary capacity?
Yes. A will can be set aside if the testator lacked testamentary capacity at the time the will was made, that is, if they did not understand the nature of the act, the extent of their property, the persons who might have a claim on their estate, or how those considerations should affect the disposition. The evidence required is medical, factual, and contextual.
Supreme Court property disputes
Many estate disputes involve contested property held jointly or as tenants in common. We also act on Supreme Court property disputes.
Read more →Speak with us about your matter.
Suite 3.2, 5–7 Littleton Street, Riverwood NSW 2210
Sydney CBD by appointment
02 9580 9011
reception@urbanfamilylawyers.com.au