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.
Whether you have been excluded from a Will, received less than you expected, or are defending a claim against an estate, obtaining early legal advice is critical to protecting your rights and achieving a fair outcome.
At Tonkin Drysdale Partners, our Estate Litigation Team assists clients throughout the Central Coast and New South Wales with contested estates, Family Provision Claims, Will disputes and other inheritance-related litigation.
What is Estate Litigation?
Estate Litigation refers to legal disputes relating to a deceased person’s estate.
Common estate disputes include:
- Family Provision Claims;
- Challenges to the validity of a Will;
- Disputes regarding the interpretation of a Will;
- Executor and trustee disputes; and
- Claims concerning the administration of an estate.
These matters often involve both legal and personal considerations, requiring a strategic approach combined with sensitivity and professionalism.
Family Provision Claims in NSW
One of the most common forms of estate litigation in New South Wales is a Family Provision Claim.
A Family Provision Claim allows certain eligible persons to seek further provision from an estate where adequate provision has not been made for their proper maintenance, education or advancement in life.
Eligible persons may include:
- Spouses;
- De facto partners;
- Children;
- Former spouses; and
- Certain dependants and members of the deceased’s household.
Whether a person is eligible to bring a claim, and whether such a claim is likely to succeed, depends upon the specific circumstances of each case.
Why Early Legal Advice Matters
Timing is particularly important in estate disputes.
In NSW, Family Provision Claims must generally be commenced within 12 months of the deceased’s date of death. Delays can significantly affect a person’s ability to pursue a claim.
Obtaining legal advice early can assist you to:
- Assess whether you are eligible to bring a claim;
- Understand the strengths and weaknesses of your position;
- Gather relevant financial and personal evidence;
- Explore opportunities for early resolution; and
- Develop a strategy to protect your interests.
Many estate disputes can be resolved through negotiation or mediation, avoiding the cost and stress of lengthy litigation.
How Tonkin Drysdale Partners Can Assist
Our Estate Litigation Team provides comprehensive advice and representation in relation to inheritance disputes and contested estates.
We regularly assist clients with:
Assessing Claims: Providing advice regarding eligibility, prospects of success and potential outcomes in Family Provision Claims and other estate disputes.
Evidence Preparation: Identifying, collecting and organising financial records, correspondence, caregiving evidence and other material relevant to a claim.
Negotiation and Mediation: Seeking practical and cost-effective resolutions through negotiation and mediation wherever possible.
Court Representation: Representing clients in the Supreme Court of New South Wales where litigation becomes necessary.
Achieving Fair and Practical Outcomes: Inheritance disputes often involve more than financial considerations. Family relationships, expectations and long-standing personal circumstances can play a significant role in the outcome of a matter.
Our approach combines strategic legal advice with practical problem-solving, with the aim of:
- Protecting our clients’ rights and interests;
- Resolving disputes efficiently;
- Minimising unnecessary conflict and expense; and
- Achieving fair and legally sound outcomes.
Contact Our Estate Litigation Team
If you are considering a Family Provision Claim, have been excluded from a Will, or are involved in an inheritance dispute, obtaining legal advice as early as possible is essential.
The experienced Estate Litigation Team at Tonkin Drysdale Partners can provide clear advice and strong representation tailored to your circumstances.
Book a complimentary 15-minute case call today via tdplegal.com.au or call 02 4341 2355.
