National Crime Our practice areas
Each of the following areas represents a distinct body of succession law. Select the one that most closely matches your concern. If you are unsure, use the decision grid further down this page.
Estate Fraud
Fraudulent conduct affecting an estate — forged wills, hidden assets, unauthorised transfers, and false representations that deprive rightful beneficiaries. Estate fraud challenges the integrity of the probate process itself and may involve both civil and criminal remedies.
Probate Fraud
Fraud specifically connected to the grant of probate or letters of administration — including false statements to the court, suppression of later wills, and misrepresentation of the deceased's assets or domicile. A grant obtained by fraud may be revoked.
Challenging a Will
Grounds for contesting the validity of a will include undue influence, lack of testamentary capacity, fraud or forgery, suspicious circumstances, and want of knowledge and approval. Each ground requires specific evidence and carries distinct procedural consequences.
Defending a Will
Executors and beneficiaries who wish to uphold a valid will that is under challenge. Defence strategies draw on solicitor file evidence, medical records, witness testimony, and the presumption of validity. A properly made will should not be lightly overturned.
Undue Influence & Coercion
Undue influence in probate is coercion — pressure that overbears the will-maker's free and independent judgment. It is not mere persuasion or family pressure. Proving it requires clear, cogent evidence to the Briginshaw standard.
Elder Financial Abuse
Financial abuse of older persons in the context of inheritance — including pressure to change wills, misuse of bank accounts, transfers of property under duress, and exploitation of vulnerability. This often overlaps with capacity concerns and undue influence.
Executor Misconduct
Breaches of duty by executors — delay, failure to account, misappropriation of assets, self-dealing, failure to distribute, and failure to act impartially. Courts may order removal of an executor, require accounts, or award compensation against them personally.
Beneficiary Rights
Beneficiaries are entitled to have the estate administered competently, honestly, and within a reasonable time. Where an executor fails in these duties — or where a beneficiary has been unfairly excluded — legal remedies are available including family provision claims and applications for account.
Power of Attorney Abuse
Misuse of an enduring power of attorney that affects estate assets — unauthorised gifts, transfers to the attorney, depletion of accounts, and transactions that defeat the donor's testamentary intentions. Tribunal pathways exist through NCAT (NSW) and QCAT (QLD).
Capacity & Suspicious Will Changes
Wills made during periods of cognitive decline, illness, or vulnerability raise questions about testamentary capacity. The Banks v Goodfellow test (1870) remains the governing standard. Suspicious timing — last-minute changes, hospital-bed wills, new relationships — demands careful scrutiny.
Asset Recovery & Urgent Protection
Where estate assets are at immediate risk of dissipation, concealment, or transfer, urgent court orders may be required — including freezing orders, caveats over probate, and applications for the appointment of an interim administrator. Speed is critical.
Urgent Protection
When a will has been changed under suspicious circumstances, an elderly person is being isolated, or assets are being moved without authority, protective action within days — not weeks — may be necessary. This is an emergency legal pathway, not routine estate planning.
What sort of dispute is this?
Use the decision grid below to identify the most likely legal category for your situation. These are general indicators — the facts of each case determine the appropriate course.
I think a will was forged or altered
→ Estate Fraud or Probate Fraud. You are challenging the authenticity of the document itself, not merely its fairness. Evidence of handwriting, solicitor files, and witness testimony is central.
Someone pressured the will-maker to change their will
→ Undue Influence or Capacity/Suspicious Changes. The question is whether the will reflects the testator's free will. Coercion must be proved — opportunity or motive alone is insufficient.
The will was made when the person was very unwell or confused
→ Capacity & Suspicious Will Changes. Testamentary capacity is assessed under Banks v Goodfellow. Medical evidence and solicitor file notes from the time of execution are critical.
The executor is hiding assets, delaying, or taking money
→ Executor Misconduct or Beneficiary Rights. You may need to compel an account, seek removal of the executor, or pursue recovery of misappropriated assets.
An elderly relative is being isolated and their money is being taken
→ Elder Financial Abuse or POA Abuse. This may involve both tribunal proceedings (NCAT/QCAT) and Supreme Court intervention. Protective orders may be available urgently.
I am an executor and someone is challenging the will I am administering
→ Defending a Will. You have a duty to uphold the valid will. You will need to marshal evidence of capacity, proper execution, and the absence of undue influence.
Urgent vs non-urgent estate disputes
Not every estate concern requires immediate court action. However, some situations demand urgent intervention to prevent irreversible harm. Knowing which category your matter falls into is an important first step.
URGENT — Act within days
Situations where delay may cause irreparable harm: assets being actively transferred or concealed; a vulnerable person under ongoing coercion; probate about to be granted on a suspicious will; bank accounts being drained under a questionable POA; a caveat is needed immediately to prevent a grant; the elderly person's safety or finances require immediate tribunal orders.
NON-URGENT — Act within weeks to months
Situations where investigation and strategic preparation are appropriate: a will you believe is unfair but not necessarily invalid; executor delay that is frustrating but not dishonest; gathering evidence for a capacity challenge; negotiating a family provision claim; concerns about historical conduct where assets are already frozen or accounted for.
If you are unsure whether your matter is urgent
Err on the side of urgency. Evidence can be destroyed, assets moved, and probate granted in a matter of days once documents are filed. A brief confidential discussion can determine whether immediate protective steps are required without committing you to litigation. Contact us for urgent advice →
Speak with a specialist estate disputes lawyer
Every estate dispute is different. We can assess your situation, identify the relevant legal principles under NSW or Queensland law, and provide clear advice on your options — urgently where required.
Frequently asked questions
The decision grid above provides a starting point, but estate disputes often involve overlapping legal issues. For example, a situation may involve both undue influence and lack of capacity, or both executor misconduct and estate fraud. In a confidential initial consultation, we can identify the relevant legal frameworks and the most appropriate strategy for your circumstances.
Yes. Succession law is a distinct field with its own doctrines, procedural rules, and evidentiary standards. General practitioners and family lawyers may not have the depth of experience required for contested probate, undue influence allegations, or urgent protective applications. Specialist estate litigation lawyers understand the nuances of both NSW and Queensland succession legislation and the relevant court procedures.
This can arise where the deceased owned property in both states, or where relevant conduct occurred across the border. Generally, probate is sought in the state where the deceased's assets are principally located, with a reseal in the other state. Cross-jurisdictional matters require careful attention to the different legislative frameworks — the Succession Act 2006 (NSW) and the Succession Act 1981 (QLD) are not identical.
Costs vary significantly depending on the complexity of the matter, the volume of evidence, and whether the matter resolves early or proceeds to a contested hearing. In some probate matters, costs may be ordered from the estate (the "probate exception"). We discuss costs transparently at the outset and provide fee estimates tailored to your matter. In some cases, alternative fee arrangements may be available.