Associate Director & Practice Group Leader | Civil Litigation, Wills & Estates & Conveyancing
Estate Litigation covers disputes that arise during the administration of a deceased estate, or after a Will has been made. This can include claims for further provision from an estate, questions about whether a Will is valid, and disagreements between executors and beneficiaries about how an estate is being managed.
At Conditsis Lawyers, our team acts for clients on all sides of these disputes – people seeking a fairer outcome from an estate, executors carrying out their duties and defending a claim, and beneficiaries protecting their interests. We understand these matters are often emotionally charged, on top of the loss of a loved one, and we work to resolve them as efficiently as possible, through negotiation and mediation wherever we can, and through the courts where we must.
Why Choose Conditsis for Your Estate Litigation Matter
Areas Of Estate Litigation
We can assist you in any of the following areas of Estate Litigation, and when you are ready, one of our team will be happy to answer any questions you might have.
Contesting a Will (Family Provision Claims)
If you believe a Will hasn’t adequately provided for you, and you fall within the categories of “eligible person” under the Succession Act 2006 (NSW), you may be able to bring a Family Provision Claim seeking a greater share of the estate.
Defending a Will
As an executor, you have a duty to carry out the deceased’s wishes and act in the best interests of the estate and its beneficiaries. If a claim is made against the estate, we can defend the Will and negotiate on your behalf to reach a fair, legally sound resolution.
Challenging the Validity of a Will
A Will may be open to challenge where there are concerns about the Will-maker’s mental capacity at the time it was made, undue influence, fraud, or whether it was signed and witnessed correctly.
Executor and Beneficiary Disputes
Disagreements between executors and beneficiaries are common, whether over delays in administering an estate, how assets are being handled, or a perceived conflict of interest. We advise both executors and beneficiaries on their rights and obligations, and help resolve disputes as quickly as possible.
Removal of an Executor or Administrator
Where an executor is mismanaging an estate, failing to act, or acting against beneficiaries’ interests, we can advise on and apply for their removal and replacement.
Testamentary Capacity Disputes
We advise on and act in disputes concerning whether a deceased person had the requisite mental capacity to make a valid Will and/or undue influence and unconscionable conduct in the making of a Will.
Our Key People | Estate Litigation
Estate Litigation FAQ’s
Answers to the crucial questions often asked by people about estate litigation.
Generally, you have 12 months from the date of death to bring a Family Provision Claim under the Succession Act 2006 (NSW). The Court can extend this in limited circumstances, but an extension isn’t guaranteed, so it pays to seek advice early.
Contesting a Will means asking the Court for a greater share of the estate because you weren’t adequately provided for — this is a Family Provision Claim. Challenging a Will means disputing whether the Will is legally valid in the first place, for reasons such as a lack of capacity, undue influence, or improper execution.
Yes. If an executor is mismanaging the estate, causing unreasonable delay, or acting against beneficiaries’ interests, the Court can remove and replace them.
Not always. Many estate disputes are resolved through negotiation or mediation. Where an agreement can’t be reached, your matter may need to proceed to the Supreme Court of NSW.
You’ll find the team at Conditsis Lawyers is here to guide you through any Estate Litigation matter, with clarity, care and experience you can rely on.
Book a free, private and confidential consultation today.