Estate Litigation
Contemplating challenging a Will, or are you the executor or beneficiary of a Will that is being challenged. We can assist you.
Get in touchEstate Litigation
Contemplating challenging a Will, or are you the executor or beneficiary of a Will that is being challenged. We can assist you.
Get in touchEstate Litigation
Contemplating challenging a Will, or are you the executor or beneficiary of a Will that is being challenged. We can assist you.
Get in touchEstate Litigation
Estate Litigation Services
Our estate litigation team has extensive experience having represented executors, administrators, beneficiaries and other claimants in disputes concerning the validity of wills, administration of estates and claims for better provision.
We advise clients on all estate claims including claims for provision or greater provision from an estate and/or assisting executors of estates to defend such claims. We endeavour to resolve all matters at mediation or via alternative dispute resolution such as a judicial settlement conference to limit the costs of estate litigation. If required, we can represent clients in Victorian and New South Wales Courts. If you are not sure whether you are eligible to challenge a Will, you think the Will was invalidly signed or signed under duress or you have been left out of a Will our Estate litigation team can assist.
Our focus is on providing early and comprehensive advice to limit costly litigation.
We advise on —
- Acting in Family Provision Claims in the Supreme Court of New South Wales
- Acting in proceedings in the Equity Division of the Supreme Court of Victoria for failure to adequately provide
- Deeds of Family Arrangement
- Defending claims by disgruntled beneficiaries
- Construction of Wills cases dealing with Informal Wills
How we help you
Our experienced team of lawyers will:
Advice and Eligibility Assessment
- Advise executors, administrators, beneficiaries, and claimants on their legal rights
- Assess whether you are eligible to challenge or defend a Will
- Review circumstances involving undue influence, duress, or invalid execution
- Provide early, practical guidance to minimise emotional and financial strain
Claims and Dispute Resolution
- Act in Family Provision Claims in the Supreme Courts of New South Wales and Victoria
- Represent clients in disputes over inadequate provision or estate administration
- Prepare and negotiate Deeds of Family Arrangement to settle disputes amicably
- Aim to resolve matters through mediation or judicial settlement conferences before trial
Court Representation and Estate Protection
- Defend estates against claims by dissatisfied beneficiaries
- Act in proceedings involving the construction and interpretation of Wills, including Informal Wills
- Represent clients in contested probate and estate administration matters
- Deliver clear, strategic representation to protect both assets and relationships
What we can help with
Talk to us about issues relating to:
- Family Provision Claims and estate disputes
- Challenging or defending the validity of a Will
- Deeds of Family Arrangement
- Disputes over informal or contested Wills
- Defending claims by excluded or dissatisfied beneficiaries
- Administration disputes and claims for greater provision
- Mediation and alternative dispute resolution for estate matters
- Supreme Court proceedings in NSW and Victoria
Why Choose Kell Moore for Estate Litigation
Local Expertise
Experienced Team
Plain English Advice
Comprehensive Service
Competitive Pricing
Three Offices
Frequently Asked Questions
Estate litigation covers disputes that arise after someone dies. These disputes may involve challenging the validity of a Will based on capacity, undue influence, or forgery. They can include family provision claims where someone argues they were not adequately provided for. They may also relate to concerns about the executor’s conduct, estate administration, or how assets are distributed.
The Succession Act 2006 lists eligible persons who can make a family provision claim. These include a current spouse or de facto partner, children including adopted children, a former spouse, dependants such as someone who lived with or relied on the deceased, and sometimes grandchildren. A person can challenge the validity of a Will if they have a real interest in the estate, such as an entitlement under an earlier Will or under intestacy if the current Will is invalid.
A Will in NSW can be contested for several reasons, including lack of testamentary capacity, undue influence or coercion, fraud or forgery, lack of knowledge and approval, and improper execution. An eligible person may also bring a family provision claim if they believe the Will does not leave adequate provision.
You should seek legal advice early from a lawyer who handles estate disputes. You must be aware of time limits and gather evidence such as medical records, communications, and financial documents. Consider mediation or other settlement options to save time and cost. If you believe a Will is invalid, you may lodge a caveat before probate is granted.
The risks include legal costs, emotional strain on family relationships, uncertainty of outcome, and the time involved, as some matters take many months or longer to resolve.
You can reduce the risk by working with a solicitor experienced in estate planning, ensuring your capacity is well documented, and clearly explaining your decisions through a letter of wishes. Keep your Will updated after major life changes and consider having open discussions with family, understanding that these steps lower but do not eliminate the chance of a dispute.
