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Estate disputes can involve complex family dynamics, competing financial interests and challenges to the validity or fairness of a will. Disputes may arise where a person has been excluded from a will, believes they have not been adequately provided for, or questions the validity of the deceased’s testamentary intentions.
At Maguire & McInerney, we assist clients across Wollongong and the Illawarra with a range of wills and estate dispute matters. Our work includes advising eligible persons, executors and beneficiaries, preparing and defending claims, and representing clients in the Supreme Court of NSW where required.
Our Wills & Estate Disputes Services
Our lawyers assist clients with a range of estate dispute matters. Each matter is approached with a focus on protecting legal rights, managing evidentiary requirements and resolving disputes efficiently.
Contesting a Will
A will may be challenged where there are concerns about its validity. This may include issues such as lack of testamentary capacity, undue influence or improper execution.
Our team advises clients on challenging or defending the validity of a will, including preparing evidence and representing clients in court proceedings where necessary.
Family Provision Claims
Eligible individuals may bring a family provision claim where they believe they have not been adequately provided for under a will. These claims are made under the Succession Act 2006 (NSW) and are determined by the Supreme Court.
We assist clients in preparing and responding to family provision claims, including advising on eligibility, evidence and likely outcomes.
Our Approach to Wills & Estate Disputes
We approach estate disputes by first understanding the circumstances of the estate, the relationships between parties and the legal issues involved. Early advice is important to assess eligibility, limitation periods and the strength of a claim.
Where possible, disputes are resolved through negotiation or mediation to reduce cost and preserve family relationships. If proceedings are required, our team prepares matters thoroughly and represents clients in the Supreme Court of NSW.
Our focus is on achieving practical outcomes while protecting our clients’ legal entitlements.
If you require legal advice regarding a contested will or inheritance dispute, contact our lawyers to discuss your options and protect your legal entitlements.
Steps To Get Started
FAQs
No. Many disputes are resolved through negotiation or mediation before a final hearing.
Family provision claims must generally be filed within 12 months of the date of death, subject to limited exceptions.
A contested will involves a challenge to the validity of a will, often based on issues such as capacity, undue influence or improper execution.
Estate disputes are typically heard in the Supreme Court of NSW.
Eligible persons may include spouses, children, de facto partners and certain dependants of the deceased.
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