Will Dispute Lawyers Engadine

Disputes over a Will or estate can occur for many reasons. Common situations include:

• The contents of the Will do not reflect what the deceased person may have actually intended
• A newer document exists that may override an earlier Will, but its legal status is unclear
• Someone may have influenced the Will-maker unfairly, leading to an unbalanced distribution of assets
• The person making the Will may not have had the mental capacity to make legally binding decisions at the time
• Executors or administrators may be failing to act in the best interests of the beneficiaries

In many cases, early resolution is the best approach. Avoiding court can save time, reduce legal costs, and help preserve estate funds for the intended recipients.

We assist with both sides of these disputes. Whether you are questioning the validity of a Will or defending it against a challenge, we help you assess the situation and explore the best path forward.

In New South Wales, certain individuals can make a claim if they believe they have not been properly provided for from a deceased estate. These applications are made through the Supreme Court and are known as family provision claims.

While this option exists to correct unfair or unbalanced outcomes, the process is not always simple. There are several factors the Court considers before making any changes to how an estate is distributed.

That said, many disputes are resolved before reaching a courtroom. Outcomes are often reached through private negotiation or mediation, allowing families to avoid the time and cost involved in a full hearing.

We act for both claimants and estate representatives. Whether you are making a claim or defending one, we assist with strategy, paperwork and discussions so that the matter can be resolved with clarity and care.

To challenge a Will or estate in New South Wales, you must be recognised as an eligible person under the Succession Act. This may include:

• A spouse or partner of the deceased
• Someone in a de facto relationship with the deceased at the time of death
• A biological or adopted child
• A former spouse
• A grandchild or other family member who was financially dependent on the deceased
• A person who lived with and cared for the deceased without receiving payment

Some situations may fall outside the above list, but still be considered if certain conditions are met.

Yes. Claims must usually be made within 12 months of the person’s passing. While the Court does have discretion to extend this period in limited cases, it's best to act as soon as possible.

Early involvement can open the door to settlement discussions and reduce the likelihood of court proceedings. Whether you are considering a claim or responding to one, we can help assess your position and map out the next step.

When deciding whether to approve a family provision claim, the Court takes a broad view of the circumstances. Several key factors are considered, including:

• The terms of the Will and any written reasons provided by the deceased
• What the claimant and other beneficiaries have already received
• The nature of the relationship between the claimant and the deceased
• The overall value and structure of the estate
• Any responsibilities the deceased may have had toward the claimant or others
• The claimant’s current financial position and future needs
• Contributions made by the claimant to the estate or the welfare of the deceased
• The age, health or any physical or mental condition of those involved
• Whether the deceased was supporting the claimant before passing
• The conduct of the claimant and other parties involved
• Cultural considerations under Aboriginal or Torres Strait Islander customary law
• Any other relevant matter the Court considers important

Each case is different, and the Court balances these factors when making a decision.

In most cases, the legal expenses for the executor defending a claim are covered by the estate. A successful claimant may also recover their legal costs from the estate. However, if a claim lacks merit or is unsuccessful, the person who made the claim may be required to pay their own costs and, in some cases, cover the estate’s legal fees as well.

We help clients understand what is at stake and how best to approach these matters from the outset. If cost is a concern, speak with us about your options before making any decisions.

Yes. If you are an executor or a beneficiary and someone is challenging the Will or the distribution of the estate, it is important to act quickly. Whether you are managing the estate or directly affected by the outcome, we can assist in preparing a response and working toward a resolution that protects your interests.

Our team works with both executors and beneficiaries to resolve disputes with clarity and focus. If you are involved in a dispute or anticipate a claim, contact us to discuss the next step. Time limits do apply, so early advice can make a real difference.