Contested Estates in NSW: Disputed Wills and Family Provision Claims
When someone passes away, families are already dealing with grief, change and emotional strain.
Unfortunately, it is not uncommon for disputes to arise during this time about the Will, or how an estate has been left. These situations are known as contested estates.
At The Legal Problem Solver, we understand that estate disputes are rarely just legal issues. They often involve deeply personal relationships, long-standing hurt, and very real questions about fairness and being acknowledged.
Our role is to provide clear advice and steady guidance during what is often a very difficult time.
What is a contested estate?
A contested estate arises when there is a disagreement about:
Whether a Will is valid
How an estate should be distributed
Whether someone has been fairly provided for
Who should be entitled to inherit
These matters often arise at a time when families are already grieving, which can make them especially distressing.
Challenging a Will in NSW
In some cases, a Will may be challenged in the Supreme Court of NSW.
This may happen where there are concerns such as:
The person may not have had capacity when making the Will
There may have been pressure or undue influence
The Will may not reflect their true intentions
There may be concerns about fraud or forgery
There may be multiple or conflicting Wills
These are serious allegations, and the Court carefully examines all evidence before making a decision.
Family Provision Claims: when someone feels left out
One of the most common estate disputes in NSW is a Family Provision Claim.
This arises when someone feels they have not been adequately provided for in a Will, or have been left out entirely.
Eligible people may include:
A spouse or former spouse
A de facto partner
Children (including adult children)
In some circumstances, other dependants
These claims are often not about greed or conflict — but about feeling overlooked, forgotten, or unfairly treated at a very emotional time.
The Court considers whether the person has been left without proper provision for their maintenance, education or advancement in life.
Acting for Executors
Executors are often placed in a very difficult position during estate disputes.
They are responsible for administering the estate properly, while also dealing with:
Challenges to the Will
Family Provision Claims
Competing expectations between beneficiaries
Emotional pressure from family members
Many Executors are surprised by how stressful and complex this role can become when conflict arises.
We assist Executors to understand their responsibilities and protect them from unnecessary risk or personal liability.
Acting for family members and beneficiaries
We also act for people who may feel vulnerable during these situations, including those who:
Have been left out of a Will
Feel they have not been fairly provided for
Are unsure about their legal rights
Are concerned about whether a Will is valid
These matters are often very personal. They can bring up difficult emotions and long-standing family dynamics.
Our focus is always on providing clear advice, so you understand your position and options.
How contested estate matters are resolved
Not all estate disputes end up in Court.
Many are resolved through:
Direct negotiation
Mediation
Family Arrangement Deeds (formal settlement agreements)
Court proceedings where necessary
In many cases, early advice can help reduce conflict and lead to a more practical resolution for everyone involved.
Why these matters need careful handling
Contested estates are rarely simple.
They often involve:
Grief and emotional stress
Complex family relationships
Differing expectations and misunderstandings
Legal and evidentiary requirements
Without proper guidance, these matters can become drawn out and increasingly stressful for everyone involved.
Early advice can make a real difference in how the matter progresses.
How The Legal Problem Solver can help
At The Legal Problem Solver, we assist clients across NSW in both bringing and defending estate disputes.
We act in:
Contested Wills
Family Provision Claims
Executor disputes
Estate litigation
Negotiated settlements and Family Arrangement Deeds
Our approach is calm, practical and focused on resolution wherever possible, while protecting your legal position at every step.
Need advice on a contested estate in NSW?
If you are dealing with a dispute about a Will or estate, or you are unsure about your rights, we can help you understand where you stand and what options are available.
The Legal Problem Solver
Practical advice. Clear direction. Trusted experience when it matters most.