Disputes over wills and estate assets can arise for many reasons, from concerns about fairness to questions about whether a will is legally valid. These matters are often legally complex and emotionally charged, particularly when family relationships, significant assets or long standing expectations are involved. Clear strategy and steady guidance are essential.
We act for executors, beneficiaries, family members and other interested parties in a wide range of estate disputes. Our role is to help clients understand their rights, assess the strength of their position and navigate the litigation process with confidence. Our priority is always to resolve disputes as efficiently as possible while protecting our clients’ interests and minimising unnecessary conflict.
The validity of a will can be challenged on several grounds, including:
We act for clients seeking to challenge or defend the validity of a will. Our experience includes complex matters involving:
These cases require careful preparation, clear evidence and a strategic approach to litigation.
Under the Succession Act 2003 (NSW), eligible persons may apply to the Court for further provision from an estate if they believe they have not been adequately provided for.
We advise:
Where possible, we work to resolve disputes through negotiation and mediation before Court proceedings become necessary. When litigation is required, we provide clear, practical representation focused on achieving a fair and commercially sensible outcome.
Administering a deceased estate often involves more than legal fees alone. Executors can face expenses such as insurance, property maintenance, valuations and other costs that may need to be paid upfront, sometimes out of their own pocket, with reimbursement only once the estate is finalised.
Through our partnership with JustFund, eligible Executors and Beneficiaries can access flexible funding to cover these expenses, including legal fees, with no repayments required until probate is granted. This helps ease financial pressure while ensuring the estate is properly maintained and protected throughout the administration process.
For more information, speak with our team or visit JustFund.com.au
Many estate disputes involve ongoing family relationships that continue long after litigation ends. For clients who want to preserve those relationships, we offer support through the Collaborative Practice Model, a client-led dispute resolution process that focuses on the issues that matter most to the people involved.
Kayleb O’Connor is one of a limited number of solicitors nationally trained in collaborative practice for Wills & Estates and who has real world experience in applying the Collaborative model to a wills & estates dispute.
This approach can often resolve disputes more efficiently while preserving family relationships and reducing the emotional and financial cost of going to court.
