Estate Litigation Lawyers Sydney & NSW

You may have grounds to challenge a will if there are concerns about its validity. Common reasons include:

• Undue influence: where someone pressured the deceased into changing the will.
• Lack of testamentary capacity: meaning the deceased didn’t have the mental ability to understand the will’s contents at the time it was made.
• Improper execution: such as failure to meet legal requirements during the signing process.

Additionally, issues like removing executor from a will due to mismanagement or conflict of interest may also warrant legal action.

If any of these circumstances apply, it’s important to consult with our experienced wills and estates litigation lawyers at NSW Probate to evaluate your case and determine the best course of action.

A family provision claim is a legal way to seek a larger share of an estate if you believe the deceased’s will didn’t adequately provide for you. The first step is determining if you’re eligible to make a claim – typically, this includes spouses, children, and certain dependents. Once eligibility is established, the claim is filed with the court, usually within 12 months after probate is granted.

The court will then review the application, considering factors such as your financial need, the size of the estate, and the deceased’s intentions. If possible, disputes are resolved through mediation or negotiation before heading to court. NSW Probate can assist you through the entire process, from filing to representation in court if necessary.

The length of estate litigation can vary significantly depending on the complexity of the case and whether the dispute is resolved through negotiation or requires a court hearing. In simple cases, such as will contests or claims with few parties, the matter might be resolved in 3-6 months. However, in more complex cases, such as disputes over large estates, multiple beneficiaries, or intricate legal issues, litigation could take up to a year or more.

• Mediation or settlement: Cases that can be settled outside of court, through mediation or negotiation, tend to be resolved more quickly.
• Court hearings: If the case goes to trial, it could extend the timeline, as the Supreme Court or other courts may have backlogs, and hearings could stretch over several months.

NSW Probate’s lawyers will work efficiently to guide you through the process, assist with planning where required, and provide realistic timelines for your specific case.

The costs associated with estate litigation can vary depending on the complexity of the dispute. Legal fees are often the most significant expense and can depend on whether you’re charged by the hour or through a fixed fee arrangement. Additionally, there may be court filing fees, which vary depending on the type of application and jurisdiction. If expert witnesses are needed to support your case, such as medical professionals for testamentary capacity claims, their fees will be an additional cost.

While these expenses are typically covered by the estate, the complexity of the case can affect the overall cost. At NSW Probate, we provide a transparent breakdown of expected costs so that you can make informed decisions before proceeding.

Yes, many estate disputes can be resolved outside of court through methods like mediation or negotiation. Mediation is a process where an independent third party helps disputing parties reach a mutually acceptable solution without the need for litigation. It’s often less costly and quicker than going to trial, and it can preserve relationships between family members, which is often a priority in estate matters.

While mediation is generally the preferred route, if it doesn’t resolve the issue, the matter may proceed to court. Our estate lawyers, Sydney-wide, are skilled in both mediation and litigation, so we can help you explore all options to resolve your dispute in the most efficient manner possible.

You can’t remove an executor from the will itself, but you can apply to the court to challenge their appointment.

If an executor is unfit – due to misconduct, conflict of interest, or inability to perform their duties – you can ask the Supreme Court to remove or replace them. This may happen before or after probate is granted, depending on the circumstances.

Common reasons include:

• Unreasonable delays or refusal to act
• Mismanagement or dishonesty
• Serious conflict of interest
• Incapacity or absence

The court will only step in if it’s in the best interest of the estate. If you’re unsure about an executor’s conduct, our estate lawyers can guide you through your options.

Administering an estate involves various costs, which can vary depending on the complexity of the estate and any disputes that may arise.

Key costs typically include legal fees for probate or administration, court fees for filing necessary documents, and potentially executor fees if the appointed person is entitled to compensation. Additional costs might include valuing estate assets and paying off debts or liabilities before assets can be distributed.

While these costs are generally covered by the estate, any unexpected complications could increase the overall expenses.