Estate Disputes in NSW
Estate disputes can arise for a multitude of different reasons. If you believe that you’re being unfairly left out of a will, and/or believe the executor of the deceased person’s estate is acting improperly, the proper legal assistance can help you get the right outcome you’re looking for. At PK Simpson, our estate dispute lawyers in NSW have specialist knowledge and expertise to help in resolving even the most complex of cases.
Understanding estate disputes in NSW starts with identifying the legal issue. A claim for further provision, a challenge to the validity of a will and a complaint about estate administration involve different tests, evidence and court procedures.
A few (but not all) of the potential situations that may lead to estate disputes include
- The deceased person not being of full testamentary capacity to understand what instructions they were creating in the will at the time
- Undue influence to the extent that the will doesn’t reflect the wishes of the deceased
- The deceased left no will, resulting in the estate being distributed by statutory provisions. Problems often arise as this does not truly reflect the individual circumstances of the deceased and the relevant heirs or claimants.
Which Legal Path Fits an Estate Dispute in NSW?
The grounds for disputing an estate determine the correct legal pathway. Feeling that an outcome is unfair does not, by itself, establish that a will is invalid, although an eligible person may separately seek family provision.
Family Provision, Validity and Administration Disputes
A family provision claim asks the Supreme Court of NSW for a share, or a larger share, of an estate. It focuses on eligibility and whether adequate provision was made, rather than declaring the will invalid.
- A validity challenge may concern testamentary capacity, knowledge and approval, due execution, forgery, fraud, revocation or undue influence.
- An administration dispute may concern an executor’s management of assets, accounts, delay or compliance with legal duties.
- Because each category has different remedies and timing issues, early advice should identify the claim before evidence is lost or assets are distributed.
It’s important to note there is also a time frame in which you can file for estate disputes. Time limits depend on the type of dispute. A family provision claim in NSW generally must be filed within 12 months of death, while a challenge to a will’s validity or a complaint about estate administration follows different procedures and timing. Because evidence can be lost and assets distributed in the meantime, get advice as early as you can.
For estate disputes in NSW where you feel you’ve been wrongfully treated, speak to the legal experts at PK Simpson today. You can either call, fill in an online contact form with your details or visit us at our nearby firm in NSW for further estate dispute assistance and information for a quick settlement.
PK Simpson has the brightest and most highly experienced lawyers to get your estate disputes resolved with the best outcome possible.
We’ve handled countless successful contested will cases, involving a variety of unique situations, so call us today and take advantage of our no win no fee policy.
Estate Dispute Lawyers in NSW
PK Simpson is the best firm of lawyers you can turn to for expert legal advice resolving your estate dispute matters in NSW. The likelihood of success for your estate dispute depends on factors such as the size of the estate being disputed, the relationship between the claimant and the deceased, the financial and personal circumstances of the claimant, the individual circumstances of any other beneficiaries, as well as many more aspects.
Our focus at PK Simpson, as your legal representatives and advocates, is to ensure you’re helped in preparing all the necessary documents and evidence to prove your rightful claim on the estate. As soon as you speak with our NSW estate dispute lawyers, you’ll be clearly guided and supported throughout the entire legal process, assuring you confidence as you near the final court hearing date and resolution of your case.
Who Can Make a Family Provision Claim in NSW?
Only an “eligible person” can apply for a family provision order under the Succession Act 2006 (NSW). Eligibility does not guarantee an order; the Court separately considers whether adequate provision was made for the applicant.
- The deceased’s spouse, de facto partner, child or former spouse may be eligible.
- A qualifying dependent grandchild or household member may also be eligible.
- A person living in a close personal relationship with the deceased at the time of death may be eligible.
The Court may consider the relationship, the deceased’s responsibilities, the estate’s value, the applicant’s financial needs and competing claims. A family provision claim must generally be filed within 12 months of death unless the Court permits a later application on sufficient cause.
In NSW, a family provision claim generally has a 12-month time limit from the date of death. Do not wait any longer and speak to our team today to find out where you stand and how we can help with your estate dispute or claim.
What is a Grant of Probate?
A grant of Probate is a legal document authorising an executor to manage a deceased person’s estate according to their last will and testament. In NSW, the Supreme Court is the only one that has jurisdiction if the deceased left assets and property in this state.
Each state’s Probate laws are administered differently. In NSW, the legislation is the Probate and Administration Act, 1898. The most recent amendments to this Act were made in July 2018.
Can a will be contested after probate is granted?
Yes, you can contest a will after probate has been granted. You may be able to contest a will after probate in NSW, but the appropriate step depends on whether you seek further provision or challenge the will’s validity. A family provision application may be filed whether or not administration has been granted, and probate does not restart its 12-month period.
Where an interested person disputes validity before a grant, a probate caveat may prevent the grant while it remains in force. The Supreme Court of NSW states that a caveat lasts six months, but a family provision claim alone does not make someone an interested person for that probate procedure.
If you’re seeking excellent, professional and clear legal advice for a successful outcome regarding your estate dispute case in NSW nearby, get in touch with our estate dispute lawyers at PK Simpson today. If you’re searching online for a lawyer ‘in my area’, ‘around me’ or ‘near me’, Call 1300 757 467 or reach out to PK by submitting your details on the Contact page, and we’ll be in touch shortly.
How Estate Dispute Lawyers in NSW Approach a Claim
For estate disputes in NSW, a structured assessment can reduce delay and clarify whether negotiation, mediation or court action is appropriate. The exact steps depend on the claim and whether a grant or distribution has occurred.
- Identify the dispute type, eligibility, potential defendants and any urgent timing issue.
- Collect the will, earlier wills, probate documents, estate accounts, financial records, correspondence and relevant medical evidence.
- Notify the executor or other parties and explore a negotiated outcome before costs increase.
- If proceedings are needed, we will prepare the evidence and explain the steps for your type of dispute. The Supreme Court refers family provision applications to mediation; if a matter does not settle, it may proceed to a final hearing.
Costs depend on complexity, evidence, the number of parties and whether settlement is reached. Costs are not automatically paid from the estate, and an unsuccessful applicant may face an adverse costs order, so advice should cover both prospects and funding terms.
This information is general and does not replace legal advice about your circumstances. Different estate disputes can have different deadlines, standing requirements and remedies.