Disputed Estates
Estate disputes can be emotionally and legally complex, often arising from contested wills, inheritance claims, or trust disagreements. Expert legal guidance is essential to protect your rights and reach a fair resolution. TLS provides strategic, compassionate support tailored to your specific circumstances.
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Common Causes of Estate Disputes and How to Resolve Them
Grounds for Estate Disputes
Challenging the Validity of a Will
If you believe a Will is legally invalid, you may be able to successfully challenge its validity. Common reasons for challenging the validity of a Will include:
Lack of Formalities: The Will does not meet the legal requirements for a valid document (e.g., proper witnessing or execution).
Lack of Mental Capacity: The deceased lacked the mental capacity to understand the nature and effect of the Will when it was made (testamentary capacity).
Lack of Knowledge and Approval: The deceased did not understand or approve of the contents of the Will, often due to poor instruction or drafting.
Undue Influence or Duress: The Will was made under coercion, pressure, or improper influence from another party.
Fraud or Forgery: Evidence suggests the Will has been tampered with, forged, or is otherwise fraudulent.
We provide clear, tailored legal advice on the likelihood of a challenge succeeding and guide you through every step of the complex litigation process.
The role of Probate
The Role of the Grant of Probate in Disputed Estates
A Grant of Probate is an official Supreme Court document that legally confirms the Executor’s authority to deal with the assets of the deceased estate. When a Will is formally challenged, either on the grounds of validity or through a family provision claim, the process of obtaining the Grant of Probate is usually stalled or complicated.
To formally prevent the executor from accessing and distributing the assets while a challenge is prepared, a Caveat may be lodged with the Supreme Court. Lodging a Caveat is a swift and effective way to ensure the assets of the estate are preserved until the estate dispute is resolved, protecting your potential entitlement from being dissipated by an Executor who may not yet be confirmed or whose actions are being questioned.
Is this you?
Helping You Resolve Estate Disputes with Confidence
Estate disputes can be legally complex and emotionally challenging. Whether you’re contesting a Will, defending a claim or seeking advice about your rights, we provide practical solutions and experienced representation to help you move forward.
You Believe the Will Isn't Valid
You have reason to believe the Will was changed under pressure, forged or signed when your loved one lacked the mental capacity to understand it.
You Were Unfairly Left Out Of The Will
Despite a close relationship with the deceased, you’ve received no share of the estate or far less than you expected. You feel overlooked and want to understand your rights.
The Executor Is Causing Delays
Months have passed and the estate still isn’t settled. You’re not getting answers, distributions are stalled and you suspect the executor isn’t acting in everyone’s best interest.
Someone Is Contesting the Will
A family member or third party has lodged a claim against the estate. You need to protect what was left to you and ensure the deceased’s final wishes are upheld.
Your Family Is at Breaking Point
Grief has turned into resentment. Siblings, partners or extended family can’t agree on who gets what, and the tension is tearing relationships apart.
You Suspect Assets Are Being Hidden
Property has gone missing, accounts have been emptied or valuable items have disappeared. You believe someone is quietly siphoning estate assets before they can be distributed.
Our Process
A Supportive Process Tailored to Your Needs
Legal matters can often feel overwhelming. Our transparent process keeps you informed from start to finish, providing clear advice, practical guidance and dedicated support every step of the way.
Introductory Consultation
This first meeting is where we can get a better understanding of your estate planning objectives, provide legal advice, and take your instructions. We can then provide you with a tailored costs agreement outlining the work we will do for you, the documents to be prepared, and the costs involved. The cost of this first meeting is $330 (inclusive of GST).
Preparing Drafts
Once you have agreed to the terms outlined in the costs agreement and transferred our anticipated fees into our law practice trust account, we will begin preparing your estate planning documents. When these are ready, we will send you drafts for you to review.
Sign-Up
Once you are satisfied these documents accurately reflect your instructions, we can arrange a second meeting, which we call a 'Sign-Up'. In this meeting, we will go over each of the documents with you, page-by-page in plain language, answering any questions you may have. We will then sign these documents after you confirm you're completely satisfied.
Resolution & Support
We help you achieve the best possible outcome while providing ongoing guidance when needed.
Key Considerations
Important Factors When Resolving an Estate Dispute
Not Sure Where to Start?
Every legal matter is different. Tell us about your circumstances, and we'll help you find the right legal solution.
Understanding Your Legal Position
Knowing your rights and obligations is the first step towards making informed decisions.
Acting Promptly
Many estate disputes are subject to strict legal timeframes, so early action is important.
Evaluating the Strength of Your Case
Carefully assessing the available evidence helps determine the most appropriate legal strategy.
Considering Alternative Resolution
Negotiation and mediation may provide a faster and more cost-effective outcome than litigation.
Protecting Family Relationships
Where possible, resolving disputes respectfully can help minimise ongoing conflict between family members.
Securing Experienced Representation
Specialist legal advice ensures your interests are protected throughout every stage of the dispute.
Common mistakes to avoid
Navigating Disputed Estates.
Estate disputes often escalate due to preventable oversights during the planning process. Understanding these pitfalls can help families avoid costly litigation and preserve relationships.
- Ambiguous Will Language
- Ignoring Beneficiary Updates
- Unequal Asset Distribution
- Failing to Mediate Early
- Mixing Personal and Estate Funds
- Overlooking Tax Implications
Frequently Asked Questions.
A disputed estate arises when beneficiaries, heirs, or other parties disagree over the distribution of assets, the validity of a Will, or the actions of an executor.
Timeframes vary depending on complexity. Simple disputes may settle within a few months through mediation, while contested matters that go to Court can take one to three years.
Yes, in many jurisdictions you can challenge a Will after probate, but strict time limits apply. It’s important to seek legal advice as soon as possible to protect your claim.
Common grounds include undue influence, lack of testamentary capacity, fraud, improper execution of the document, and failure to provide for eligible dependants.
While not legally required, estate disputes involve complex legal and financial issues. A specialist lawyer can protect your interests and significantly improve the outcome of your case.
TALK TO A LAWYER
Looking for clear and personal advice?
Whether you are planning ahead, managing a deceased estate, or dealing with an estate dispute, our team is here to provide clear, practical and compassionate legal advice.
