Disputed Estates and Will Disputes
Finding out that a loved one's estate isn't what you expected, or discovering that someone plans to challenge a will you're responsible for, can be deeply unsettling. These matters sit at the intersection of grief, family relationships, and legal rights, and they can move quickly.
At Era Succession Law, we provide clear, honest advice about your options. We understand that most people in this situation don't want a fight - they want to know what's fair, what's possible, and how to resolve it without destroying family relationships in the process.
Many estate disputes have strict legal deadlines. If you think you may have a claim, or a claim is being made against an estate you're managing, please don't wait to get advice.
What we help with
Family provision claims
A family provision claim is made under the Succession Act 2006 (NSW) by an eligible person who believes they haven't been adequately provided for in a will, or in the distribution of an intestate estate. Eligible persons include spouses, children, former spouses, and certain other family members.
Challenging the validity of a will
A will can be challenged on several grounds, including lack of testamentary capacity (the deceased didn't have the mental capacity to make a valid will), undue influence (the deceased was pressured into making the will), and failure to comply with the formal requirements for signing and witnessing.
These claims require clear evidence and careful legal analysis. We'll give you an honest assessment of whether the grounds exist and what the realistic options are.
Executor Disputes
Disputes about how an executor is managing an estate, or whether they should be removed, are more common than many people realise. We can advise beneficiaries who have concerns about an executor's conduct, and represent executors who are facing challenges to their management of the estate.
Disputes between beneficiaries
Where beneficiaries disagree about the distribution of an estate, the interpretation of a will, or other matters, we help negotiate a resolution and, where necessary, represent clients through the formal legal process.
Our approach to disputes
We approach estate disputes with a clear preference for resolution over litigation. Litigation is expensive, slow, and hard on families. Where a negotiated outcome is possible, we work towards it.
That said, we're experienced in contested estate proceedings and prepared to act decisively when the situation calls for it. We'll be clear with you about what we think the best path is, and why.
Frequently asked questions
Can I contest a will in NSW?
Yes, in certain circumstances. The most common way is through a family provision claim, which is available to eligible persons who believe they haven't been adequately provided for. You can also challenge the validity of a will itself on grounds such as lack of capacity or undue influence. We can advise whether you have grounds.
What is a family provision claim?
It's a legal claim made to the court asking for a greater share of a deceased person's estate. It's available to eligible people, including spouses, children, and certain other family members, who believe the will (or the intestacy rules) didn't make adequate provision for them.
How long do I have to contest a will in NSW?
For a family provision claim in NSW, you generally have 12 months from the date of death to file a claim. This deadline is strictly enforced and extensions are not easy to obtain. If you think you may have a claim, contact us as soon as possible.
Does contesting a will destroy family relationships?
It can, but it doesn't have to. Many estate disputes are resolved through negotiation without going to court. We actively work towards outcomes that resolve the legal issue without permanently damaging relationships. That's not always possible, but it's always what we aim for.
What if I'm the executor and someone is making a claim against the estate?
You have a duty to deal with the claim in accordance with your legal obligations. We can advise you on those duties, help you respond appropriately, and represent the estate's interests through the process.