When a loved one passes away, the last thing you expect is conflict over their estate. But unfortunately, disputes over wills, inheritances, and estate distribution are more common than you might think—especially in New South Wales. That’s where an experienced estate litigation lawyer comes in.
If you’re worried about being unfairly left out of a will, suspicious of how an estate is being managed, or simply unsure of your rights, this guide is for you.
What Is Estate Litigation?
Estate litigation involves court proceedings regarding the distribution or management of a deceased person’s estate.
Challenging the validity of a will, such as where a will was not properly signed.
Making a family provision claim in circumstances where a beneficiary has been left out of a will or not adequately provided for.
Disputes between executors and beneficiaries – for example, what should happen to particular assets in the estate, or claims that an executor is not properly managing the estate properly.
Concerns about undue influence or lack of capacity, for example where the deceased wrote a will when they did not fully understand what they were doing.
Investigating suspicious transactions before death, such as where the deceased transferred all of their assets prior to their death in an attempt to avoid succession laws.
When Should You Speak to an Estate Litigation Lawyer?
The timing of legal proceedings is critical. If you suspect something is wrong, it’s best to get legal advice as early as possible. Here are some common situations where getting legal advice can be a good idea:
You were left out of a will but were financially dependent on the deceased.
You suspect the will was forged or made under pressure.
The will was changed suddenly before death.
The executor isn’t doing their job properly, such as causing delays or selling assets under value.
Someone took advantage of the deceased’s vulnerability, such as a language barrier or a lack of mental capacity.
NSW law imposes strict time limits for legal proceedings regarding deceased estates. For example, family provision claims must usually be made within 12 months of the date of death under the Succession Act 2006 (NSW), and so it is essential to speak to an estate litigation lawyer as soon as you believe that you might have a claim.
What Does an Estate Litigation Lawyer Actually Do?
Here’s how a skilled estate litigation solicitor can help you:
1. Review the will and check if it is valid
They’ll help you understand what’s in the will, whether it’s legally valid, and what your options are. It’s also important to understand what assets form part of the estate, and how these are to be dealt with.
2. Identify the grounds for a claim
Not everyone can challenge a will. The Succession Act 2006 (NSW) sets out the people who can or cannot make a claim, and the grounds upon which a court will consider making a family provision claim. A lawyer will assess your relationship with the deceased, your financial needs, and whether you have legal standing to make a claim.
3. Manage Court Proceedings
Many estate disputes settle out of court—but it’s essential to obtain legal advice to understand what might happen if your matter does go to court. Estate disputes typically take place at the Supreme Court of New South Wales. If a dispute does go to court, your estate lawyer will need to be involved in the process to file documents, prepare affidavits, provide you with advice, negotiate with the parties and other lawyers involved in the dispute, and attend hearings.
4. Negotiate a settlement
Estate lawyers are experienced negotiators. By understanding the law and the unique circumstances of your case, an estate litigation lawyer can help to guide you towards a settlement with minimal court intervention.
5. Protect the value of the estate
Litigation can be costly and incredibly time consuming. The best estate lawyers will balance your legal rights with the practical reality of the court process and the costs involved, to achieve the best overall outcome. Usually, the earlier in the dispute process a resolution can be reached, the lower the costs for all parties, and the greater the asset pool available for distribution to the beneficiaries.
Common Types of Estate Disputes in NSW
Some of the most common estate disputes we see include:
Family Provision Claims – Made by spouses, children, or other dependents who believe they’ve been unfairly left out.
Executor Misconduct – When an executor delays or mishandles the estate.
Contested Wills – Often due to lack of capacity or undue influence.
Informal Wills – Disputes over handwritten or improperly witnessed wills, or even disputes where the deceased did not leave a will.
Third-party claims – Creditors or other parties disputing ownership of estate assets.
Frequently Asked Questions
Who can contest a will in NSW?
Under the Succession Act 2006 (NSW), eligible persons include:
Spouses or de facto partners
Children (including adopted and stepchildren in some cases)
Financial dependants
Members of the deceased’s household
How long does an estate dispute take?
It depends on the issues, the size of the estate, and the number of parties involved. Many matters can settle in mediation within a few months to a year. Court proceedings can take several years, depending on the complexity of the estate and the issues in dispute.
Do I have to go to court to challenge a will?
Not always. Many cases are resolved through negotiation or mediation. Often court proceedings will be commenced but a settlement will be reached before a final hearing. Court is usually considered to be a last resort.
We can help with your estate dispute
Estate disputes can be emotional, complicated, and time critical. At Thornton + King, our experienced estate litigation lawyers work with you to:
Assess your legal rights
Provide you with impartial legal advice and explain your options clearly
Act quickly to protect your position
Negotiate strong outcomes with empathy and skill
Whether you're a child who has been left out, a concerned sibling, or an executor under pressure, we’re here to help. Give us a call or submit an enquiry now to speak to a specialist estate litigation lawyer.
