Our Case Approach — How We Handle Estate & Probate Disputes

Will validity challenges

Proceedings to set aside a will on grounds of lack of testamentary capacity, undue influence, fraud or forgery, want of knowledge and approval, or suspicious circumstances. These are among the most complex estate disputes — they require extensive evidence gathering and careful forensic analysis.

Will defence

Upholding a valid will against challenge. The executor's duty to defend the will arises from their obligation to give effect to the testator's intentions. Defence strategies focus on marshalling evidence of proper execution, capacity, and the absence of coercion.

Executor disputes

Applications to remove an executor, compel administration or distribution of an estate, or seek an account. Where an executor has acted improperly, personal liability may follow — including orders for compensation or costs.

Family provision claims

Claims for adequate provision from an estate under Chapter 3 of the Succession Act 2006 (NSW) or Part 4 of the Succession Act 1981 (QLD). These claims are brought by eligible persons — including spouses, children, and dependants — who have not received adequate provision.

Elder financial abuse & POA misuse

Matters involving misuse of enduring powers of attorney, financial exploitation of vulnerable older people, and associated tribunal proceedings (NCAT/QCAT) or Supreme Court recovery actions.

Urgent protective applications

Emergency relief to preserve estate assets — freezing orders, caveats over probate, applications for interim administrators, and other urgent court orders where assets are at immediate risk.

Probate fraud

Fraud connected to the grant of probate or letters of administration — including false statements to the court, suppression of later wills, and misrepresentation of asset values. A grant obtained by fraud may be revoked by the court.

Cross-jurisdictional disputes

Estates with assets or parties in both NSW and Queensland — requiring coordinated proceedings, resealing of grants, and navigation of the different legislative frameworks in each state.

Negotiated Resolution

When it is appropriate: The parties are willing to engage; the facts are largely agreed but the legal outcome is in dispute; the cost of litigation is disproportionate to the amount at stake; preserving family relationships is a priority.

How it works: We engage with the other side — often through their lawyers — to explore settlement. This may involve direct negotiation, a without-prejudice conference, or a formal mediation before an independent mediator. In appropriate cases, we can achieve a binding resolution without setting foot in a courtroom.

Our approach: We negotiate from a position of strength. We prepare every case as though it will go to trial — because thorough preparation is what gives our clients leverage in negotiations.

Litigation

When it is necessary: The other side refuses to engage; there is a fundamental dispute of fact that requires judicial determination; urgent court orders are needed; the conduct is so serious that a public finding is warranted; or settlement offers are so inadequate that a court determination is the only way to achieve a fair outcome.

How it works: Proceedings are commenced in the Supreme Court of NSW or Queensland. The matter follows the court's timetable — pleadings, disclosure, evidence, and ultimately a hearing before a judge. Most matters resolve before trial, but we prepare every case for the possibility of a contested hearing.

Our approach: We litigate firmly but responsibly. We do not run arguments that lack merit. We comply with our obligations to the court and to the other side. We keep you informed at every stage and involve you in key strategic decisions.