National Crime Evidence categories — what you need and why
Each category of evidence serves a different purpose in an estate dispute. Select the category most relevant to your situation to learn what to collect, where to find it, and why it matters.
Wills & Codicils
All versions of the will, codicils, drafts, and solicitor correspondence about will instructions. The core documents in any probate dispute.
Collect Wills & Codicils →Medical Records & Capacity
GP notes, specialist reports, hospital records, cognitive assessments. Critical for capacity challenges and undue influence claims.
Collect Medical Records →Solicitor Files & Witnesses
File notes from the drafting solicitor, attendance records, correspondence, and witness statements. Shows what the will-maker intended.
Collect Solicitor Files →Bank Records & Transfers
Bank statements, transaction histories, property transfers, and account signatory changes before and after death.
Collect Financial Records →Power of Attorney Documents
The POA itself, records of its use, transaction logs, and correspondence. Essential where POA misuse is alleged.
Collect POA Documents →How to Build a Timeline
Step-by-step guidance on constructing a chain-of-events timeline — one of the most powerful tools in any estate dispute.
Build Your Timeline →Urgent Red Flags
Warning signs that evidence may be at risk — documents being destroyed, witnesses being pressured, assets being moved.
Identify Red Flags →What to gather first — priority order
If you are at the start of an estate dispute, gather evidence in this order. The most time-sensitive and most important items come first.
1. The Will (all versions)
Secure every version of the will you can find — the latest, any earlier wills, copies, and drafts. If the original is held by someone else, find out who. This is your starting point.
2. Financial snapshot
Gather bank statements, transaction records, and any evidence of account activity — particularly in the 6-12 months before and after death. Look for unusual withdrawals, transfers, or new signatories.
3. Medical timeline
Note all hospital admissions, diagnoses, medication changes, and cognitive assessments near the time of will changes. Request medical records if you have authority.
4. Communications record
Save all emails, text messages, letters, and file notes relating to the estate, the will, and conversations with executors, solicitors, or other parties. Screenshot everything.
5. Your own notes
Write down everything you remember — dates, conversations, who was present, what was said. Memory fades fast and contemporaneous notes carry weight. Do this now, before you speak to anyone else.
🚨 What NOT to alter or hide — critical warning
In estate disputes, evidence integrity is paramount. Tampering with evidence carries serious legal consequences, including adverse inferences drawn by the court, findings of dishonesty, costs orders against you personally, and in serious cases, criminal penalties. Never do any of the following:
- Do not delete emails, texts, or digital records. Even if you think they are unhelpful or embarrassing, deleting them can be treated as destruction of evidence.
- Do not alter or annotate original documents. Do not write on original wills, add notes to medical records, or modify any document. If you need to explain something, do so in a separate note.
- Do not hide or withhold documents. If you have documents relevant to the estate, you may have a legal obligation to produce them. Withholding documents can result in costs orders and findings against you.
- Do not pressure witnesses. Do not tell anyone what to say, what not to say, or suggest they forget certain events. Witness tampering is a serious matter.
- Do not dispose of anything. If in doubt, keep it. Even seemingly irrelevant documents can become important as the dispute unfolds.
The court takes evidence integrity seriously
Courts in both NSW and Queensland have broad powers to draw adverse inferences where evidence has been destroyed, altered, or concealed. A finding that you tampered with evidence can be far more damaging to your case than whatever the evidence itself contained. When in doubt, preserve everything and seek legal advice.
Building a chain-of-events timeline
A well-constructed timeline is one of the most persuasive tools in an estate dispute. It can reveal patterns that individual documents cannot — a will change immediately after a hospital admission, a large bank transfer on the same day as a POA was activated, or a new caregiver appearing just before the will was rewritten.
What to include in your timeline
- Medical events: Diagnoses, hospital admissions, changes in medication, cognitive assessments, GP visits, specialist appointments
- Legal events: Will executions, codicils, solicitor visits, POA grants, POA revocations, probate applications
- Financial events: Large withdrawals, property transfers, changes to account signatories, share sales, asset dispositions
- Relationship events: New people entering the deceased's life, estrangements, family conflicts, changes in care arrangements, isolation from family
- Communications: Emails, letters, phone calls, text messages — particularly any that show pressure, control, or unusual requests
How to structure your timeline
Start with the date of death and work backwards. For each event, record: the date (or approximate), what happened, who was involved, what documents support it, and the source of the information. Be honest about gaps and uncertainties — a timeline with acknowledged gaps is more credible than one that pretends to be complete.
Full Timeline Guide →Detailed evidence guides
Each evidence category has a dedicated page with detailed guidance on what to collect, where to find it, and how to use it effectively in an estate dispute.
📄 Wills & Codicils
How to obtain copies, what to look for, differences between original and copy, and when forensic document examination may be needed. Includes guidance on lost wills and the presumption of revocation.
Read full guide →🏥 Medical Records & Capacity
The Banks v Goodfellow test for testamentary capacity, what medical evidence is most persuasive, how to obtain records, and what to look for in GP notes and specialist reports.
Read full guide →✍️ Solicitor Files & Witnesses
What the solicitor's file should contain, how to request it, the role of the probate solicitor as witness, and what to do if the file is missing or incomplete.
Read full guide →🏦 Bank Records & Transfers
Which accounts to examine, how to obtain statements, what patterns suggest misconduct, and the importance of the pre-death and post-death periods.
Read full guide →⚡ Power of Attorney Documents
Understanding the POA, identifying misuse through transaction records, and the tribunal pathways available in NSW (NCAT) and Queensland (QCAT).
Read full guide →🕓 How to Build a Timeline
Practical step-by-step guidance on constructing a chain-of-events timeline — one of the most effective tools for presenting your case clearly and persuasively.
Read full guide →🚨 Urgent Red Flags
Warning signs that evidence is at immediate risk — and the steps to take right now to protect it. When speed matters, these are the signals you cannot afford to ignore.
Read full guide →Need help gathering or protecting evidence?
Evidence collection in estate disputes is sensitive and time-critical. We can advise on what evidence is most important in your situation, how to obtain it lawfully, and what protective steps to take if evidence is at risk.