Wills & Probate
Will Disputes
Whether you are challenging a will, defending one, or making a family provision claim, we provide clear, experienced advice — and fight for the outcome you deserve. We act for clients throughout Lake Macquarie and Newcastle in all types of estate disputes.
Will Disputes Solicitors — Lake Macquarie & Newcastle
Estate disputes are among the most emotionally charged legal matters a family can face. Whether you believe a will does not reflect the true wishes of the deceased, that you have been unfairly left out of an estate, or that an executor is mismanaging the administration — we provide experienced, practical advice and strong representation.
At Lake Macquarie City Legal, we act for both claimants and defendants in all types of will disputes — including challenges to the validity of a will, family provision claims, executor disputes, and beneficiary disputes. We act for clients throughout Lake Macquarie, Belmont, Newcastle, and the Hunter region. We offer a free first consultation and give you an honest assessment of your position from the outset.
Time limits apply — act promptly
Family provision claims must be made within 12 months of the date of death. Once the estate is distributed, recovery becomes significantly more difficult. If you believe you have been unfairly left out of a will — or that a will is invalid — contact us as soon as possible.
Our Will Dispute Services
Challenging a Will
We act for persons seeking to challenge the validity of a will — on grounds including lack of testamentary capacity, undue influence, fraud, or failure to comply with formal execution requirements.
Defending a Will
We act for executors and beneficiaries defending the validity of a will — gathering evidence of capacity, advising on the strength of the challenge, and representing the estate in Court proceedings.
Family Provision Claims
We act for eligible persons making a family provision claim under the Succession Act 2006 (NSW) — where a deceased person has failed to make adequate provision for a spouse, child, or other eligible person.
Defending Family Provision Claims
We act for executors and beneficiaries defending family provision claims — advising on the merits of the claim, negotiating settlements, and representing the estate in NSWSC proceedings.
Executor Disputes
We act in disputes involving executors — including applications to remove an executor for misconduct, delay, or conflict of interest, and applications to pass accounts in the NSW Supreme Court.
Beneficiary Disputes
We act for beneficiaries in disputes about the interpretation of a will, the administration of the estate, or the conduct of the executor — including applications for directions from the Court.
Mediation & Negotiated Resolution
Most estate disputes can be resolved without a full hearing. We advise on mediation and negotiated settlement — which is faster, cheaper, and less stressful than contested Court proceedings.
Urgent Applications
Where estate assets are at risk — for example, where property is about to be sold or assets dissipated — we make urgent applications to the NSW Supreme Court for injunctions and other protective orders.
Grounds for Challenging a Will
A will can be challenged on a number of grounds under NSW law. The most common are:
Lack of testamentary capacity
A will is only valid if the testator had testamentary capacity when it was made — meaning they understood the nature of making a will, the extent of their estate, and the claims of those who might expect to benefit. Dementia, mental illness, or the effects of medication can all affect capacity.
Undue influence
A will can be challenged if the testator was pressured, coerced, or manipulated into making it — or into making it in a particular way. Undue influence is distinct from persuasion or advice, and must be proved on the balance of probabilities.
Fraud or forgery
A will obtained by fraud — for example, by deceiving the testator about the nature of the document — or a forged will, is invalid. We advise on the evidence required to establish fraud or forgery and the steps to take to protect the estate.
Failure to comply with formal requirements
A will must be in writing, signed by the testator, and witnessed by two independent witnesses who are both present at the time of signing. Failure to comply with these requirements can render a will invalid — though the Court has a discretion to admit informal wills to probate.
Lack of knowledge and approval
Even if a testator had capacity, a will can be challenged if they did not know and approve of its contents — for example, where the will was prepared by a beneficiary or where the testator could not read the document.
Family Provision Claims — Who Is Eligible?
Under the Succession Act 2006 (NSW), the following persons are eligible to make a family provision claim if they have not been adequately provided for:
How We Work
Free Consultation
We discuss the circumstances of the dispute, advise on the merits of your position, and explain the options available — including negotiation, mediation, and Court proceedings. We give you an honest assessment of your prospects.
Gathering Evidence
We gather the evidence needed to support your position — including medical records, financial records, correspondence, and witness statements. In capacity cases, we may engage a medical expert to provide an opinion.
Negotiation & Mediation
Most estate disputes settle before a hearing. We negotiate on your behalf and represent you in mediation — aiming to achieve the best possible outcome without the cost and stress of a full Court hearing.
Court Proceedings
If the dispute cannot be resolved, we represent you in the NSW Supreme Court — preparing all documents, briefing counsel where appropriate, and advocating for your position at hearing.
Frequently Asked Questions
How long do I have to challenge a will in NSW?
There is no fixed time limit for challenging the validity of a will — but delay can prejudice your position, particularly if estate assets have been distributed. For family provision claims, you must apply within 12 months of the date of death — though the Court has a discretion to extend this period in limited circumstances. We advise on the time limits that apply to your specific situation.
How do I prove lack of testamentary capacity?
Proving lack of testamentary capacity requires evidence that the testator did not understand the nature of making a will, the extent of their estate, or the claims of those who might expect to benefit — at the time the will was made. Medical records, GP notes, specialist reports, and witness evidence are all relevant. We advise on the evidence required and engage medical experts where necessary.
Who can make a family provision claim in NSW?
Under the Succession Act 2006 (NSW), eligible persons include a spouse or de facto partner, a child (including adult children), a former spouse, a person wholly or partly dependent on the deceased, a grandchild who was dependent on the deceased, and a person who was a member of the same household. Being eligible does not guarantee success — the Court considers whether adequate provision has been made and what provision is appropriate.
Can an adult child challenge a will?
Yes. Adult children are eligible persons under the Succession Act 2006 (NSW) and can make a family provision claim if they have not been adequately provided for. The Court considers the adult child's financial position, their relationship with the deceased, and the size of the estate. Adult children do not have an automatic right to inherit — but the Court will consider whether the deceased had a moral duty to provide for them.
What happens if the estate has already been distributed?
If the estate has been distributed before a family provision claim is made, the executor may be personally liable to meet any successful claim. Beneficiaries who have received distributions may also be required to contribute. We advise executors on the risk of distributing too early and the steps available to protect against future claims.
How much does it cost to contest a will?
The cost of contesting a will depends on the complexity of the dispute and whether it resolves at mediation or proceeds to a hearing. We offer a free first consultation and provide a clear costs estimate at the outset. In family provision matters, costs are often paid from the estate — but this is not guaranteed. We advise on the likely costs and the prospects of a costs order in your favour.
Will Disputes
Challenging or defending a will. Family provision claims. Free first consultation — honest advice from the outset.
02 4945 4445Send EnquiryDispute Services
Challenging a will
Defending a will
Family provision claims
Executor disputes
Beneficiary disputes
Mediation & settlement
Get honest advice — before it's too late
Family provision claims must be made within 12 months of death. Will challenges become harder once the estate is distributed. Contact us today for a free first consultation.