Contested estate matters are rarely straightforward. They tend to arise at an already difficult time, often involve close family members, and carry significant financial and personal stakes for everyone involved. Whether you are an executor trying to administer an estate properly, a beneficiary who feels the Will does not reflect the deceased’s true intentions, or someone who believes they have been unfairly left out, the situation can quickly become overwhelming.
Coleman Greig’s Wills and Estates team understands the human side of these disputes as much as the legal side. Our experienced contested wills and estate lawyers provide clear, practical advice so you can make informed decisions and move forward with confidence, no matter which side of the dispute you are on.
What is a Contested Estate?
A contested estate arises when someone challenges or disputes aspects of a deceased person’s estate. This might involve questioning the validity of the will itself, raising concerns about the way the estate is being administered, or arguing that the distribution of assets is unfair or inadequate.
These disputes can arise between family members, between beneficiaries and executors, or where a person believes they have been left out of a will without sufficient reason. In New South Wales, contested estate matters are governed primarily by the Succession Act 2006 (NSW), along with the Probate and Administration Act 1898 (NSW) and other relevant legislation.
Types of Contested Estate Disputes
If you are an executor of an Estate, a beneficiary or someone caught up in an Estate dispute, it can be a difficult and stressful time. To alleviate some of these stresses, you should seek legal advice.
Estate disputes are a complex area of the law. At Coleman Greig, our Wills & Estates Team appreciates that Estate disputes arise as a result of varying and individual circumstances, and can provide sound and realistic advice to clients who are executors or beneficiaries of an Estate, or who think they may have a legitimate claim on an Estate.
The types of disputes can include:
- Claims for provision or further provision from the deceased person’s estate (commonly known as the family provision claims)
- Disputes between executors
- Breach of trust and obligations, including circumstances where the executor has delayed administration of the Estate or has mishandled Estate property
- Removal, or passing over, of an executor and revocation of a grant of representation
- Disputes about validity of a Will including informal Wills, that is documents made by the testator which do not comply with the validity requirements set out by the law, but could nevertheless be given effect to.
- Disputes about interpretation of a Will and the testator’s intentions
Disputes about the validity of a Will
Contested Estates disputes are often about the Will’s validity. A Will’s validity may be called into question when the will maker either lacked testamentary capacity, or lacked knowledge of the contents of the document, did not approve its contents or was pressured into making the document. If you suspect a Will may be invalid or if you find yourself in the middle of a dispute about which of the competing Wills is valid, you should contact one of our Contested Estates lawyers without delay to ensure a grant of representation in the Estate does not issue without notice to you.
Family Provision Claims
Only “eligible persons” can make a claim under the Succession Act and even for those people, there are criteria and factors that make each case unique.
Persons who may be eligible to claim include:
- A spouse of the deceased, including a de facto spouse or a person in a domestic relationship with the deceased at the date of death (including same sex relationships)
- A child of the deceased
- A former spouse of the deceased
- A person who was dependent on the deceased during his/her lifetime.
Our Contested Estates lawyers have considerable experience in this area of law and can review the case, determine the key issues, including the likelihood of success and the steps you should take moving forward. There is a time limit on filing of the application and you should obtain legal advice as soon as possible.
Time limits for Contesting a Will or Estate
Time limits are one of the most critical practical considerations in any contested estate matter. Under NSW law, a family provision claim must generally be filed within 12 months of the date of the deceased’s death. While the Court has some discretion to extend this period in limited circumstances, extensions are not guaranteed and should never be relied upon.
Acting quickly is important not just because of these statutory deadlines. Delay can complicate matters significantly, as assets may be distributed, grants of probate obtained, and the positions of other parties become more entrenched over time. The sooner you seek advice from a contested estates attorney, the more options are likely to be available to you.
If you are an executor or administrator of an estate that is subject to a dispute, early legal advice is equally important to ensure you are meeting your obligations and not exposing yourself to personal liability.
How our Contested Wills and Estate Lawyers can help
Our team brings considerable experience to contested estate matters across NSW. We act for executors, beneficiaries, and claimants, providing clear and realistic advice at every stage of the process in wills and estate planning. Depending on your circumstances, we can assist with:
- Reviewing the circumstances of the estate and advising on the strength of a claim or defence
- Identifying the key issues and likely outcomes early, so you can make informed decisions about how to proceed
- Representing your interests in negotiations, mediation, and litigation where necessary
- Guiding executors through their obligations to minimise the risk of personal liability
- Working to resolve disputes as efficiently as possible to reduce cost, delay, and family stress
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.
Speak to a Contested Estates Lawyer today
If you are facing a dispute over a Will or estate, do not wait to seek advice. The earlier you engage a contested estates lawyer, the better placed you will be to protect your interests and understand your options.
Coleman Greig’s contested wills and estate attorneys are available to assist clients across NSW, with offices in Parramatta, Norwest, Penrith, and Sydney CBD. We also work with clients digitally, so location is no barrier to getting the advice you need.
This page is general in nature and is not a substitute for legal advice tailored to your specific circumstances. To discuss your matter with a member of our team, please contact us directly or send an enquiry using the form on this page.
