Disputes over a deceased person’s estate can be emotionally charged and legally complex. Even when a valid Will exists, disagreements may arise between family members, beneficiaries, executors and dependants regarding the distribution of assets.
When someone passes away, their Will does not always provide for everyone who expected to be included. In New South Wales, certain people can challenge a Will by making a Family Provision Claim under the Succession Act 2006.
A will is not something that should be written once and forgotten. As your life changes, your Will should be reviewed to ensure it still reflects your current circumstances and intentions.
The role of an executor is critical in the administration of a deceased estate. However, disputes involving executors are increasingly common — and can significantly delay or derail the administration of an estate.
Tonkin Drysdale Partners’ Estate Litigation Specialist and Partner, Dominic Tonkin, discusses the recent Supreme Court decision in Peek v Wheatley [2025] NSWSC 554 which examined the validity of an informal will discovered on the iPhone of the deceased.
Dying without a valid Will in New South Wales can have significant and often unintended consequences for your loved ones. When someone dies intestate (without a Will), their estate is distributed according to the NSW intestacy laws under the Succession Act 2006 (NSW).
The prospect of one sibling receiving more than another is one of the most common triggers for will contests and family provision claims. This issue was front and centre in a national feature published in Australian Financial Review on 1 August.
The recent Supreme Court of NSW decision in Girotto v Girotto [2025] NSWSC 616 underscores the weight the Court places on a testator’s clear and rational intentions when determining family provision claims.
When a loved one passes away, the distribution of their estate is typically managed according to their will or if they did not make a will
Australia is on the brink of an extraordinary intergenerational transfer of wealth. This raises a critical question: are your affairs in order?
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