Disputed Estates

Disputed estates arise when there is disagreement about a will, an estate or entitlements following a death. These matters can be complex and emotionally charged, and often involve family relationships as well as strict legal requirements.

At Era Succession Law, we provide clear, strategic advice and focus on resolving disputes in a way that is practical, respectful and commercial. Many estate disputes are time sensitive, with strict deadlines that apply, so it is important that you seek advice as early as possible. Our team is here to guide and support you, so you can approach the matter with confidence.

A woman with long blonde hair in a blue shirt and jeans is standing at a farm fence, looking out at cattle grazing in a hilly pasture during daytime. She is wearing a large straw hat.

Challenging the Validity of a Will

Minimalist illustration of a plant with green leaves on a black background.

Disputes questioning the validity of the will, including:

  • Questioning the deceased person’s capacity to write the will

  • Concerns about undue influence and fraud 

  • Compliance with formal signing and witnessing requirements

Family Provision Claim

Illustration of a simple, minimalist plant with elongated leaves, drawn in gray lines on a black background.

Eligible persons who believe they have not been adequately provided for under the will or intestacy may apply to the court for further provision from the estate.

Executor and Trustee Disputes

A minimalist, line drawing of a leafy plant with several elongated leaves on a black background.

Disagreements involving the conduct, decisions or appointments of executors and trustees. Beneficiaries and co-executors may raise concerns about whether duties are being carried out in the best interests of the estate or there has been a breach of duty, and issues such as delay, lack of communication or conflict of interest.

Interpretation of a Will or Trust

A minimalist, stylized drawing of a plant with leaves and a stem in muted green color.

Disputes about the interpretation of a will or trust arise when the wording of the document is unclear, ambiguous or open to more than one meaning. The outcome often focuses on determining the true meaning of the person who made the will or trust.

Intestate Estate Disputes

A simple, minimalist illustration of a plant or leaf branch with multiple leaves.

When someone dies without a valid will, there can be disputes about who is entitled to administer the estate and how the estate is to be distributed, and the risk of these disputes often increases where the family structures are complex or blended.

Superannuation Death Benefit Disputes

Stylized illustration of a plant with leaves on a black background.

Where superannuation death benefits should be paid can trigger dispute and have significant tax implications. These disputes often include whether a valid binding death benefit nomination exists, qualification as a dependant, the discretion of the superannuation trustee and how the payment of superannuation death benefits interacts with the outcomes of a deceased person’s estate.

Our team is ready to provide the attention, care, and expertise you deserve.

CONTACT