Common Estate Disputes in NSW

Estate disputes in New South Wales are quite common. They typically stem from misunderstandings, disagreements, or challenges to a will’s validity. Given the emotional and legal complexities involved, seeking advice from our experienced Sydney and NSW estate planning lawyers at Szabo & Associates Solicitors is crucial if you are facing any of the following common estate disputes.

Contesting a Will’s Validity

One of the most common estate disputes is contesting a will’s validity. This typically occurs when someone believes the will does not accurately reflect the deceased’s wishes or was created under improper circumstances. You can contest a will for several reasons, including:

• Lack of testamentary capacity
• Undue influence
• Fraud or forgery
• Failure to follow legal formalities

If you believe a will is invalid, you must contest it through the NSW Supreme Court. The court will evaluate the evidence to determine the will’s validity. Our contesting a will solicitors can help you present evidence to support your claims.

Family Provision Claims

Another common estate dispute in NSW involves family provision claims, which occur when someone feels they have not been adequately provided for in a will. NSW law allows eligible individuals to apply for a greater share of the deceased’s estate through a family provision claim under the Succession Act 2006.

When deciding on a family provision claim, the court considers:

• The estate’s size and nature
• The claimant’s financial needs and circumstances
• The relationship between the claimant and the deceased
• Any moral obligation the deceased had towards the claimant

Family provision claims must be filed within 12 months of the deceased’s passing, although extensions may be granted in exceptional circumstances.

Disputes Over Executor Duties

Executors are responsible for administering the estate according to the will’s terms, but disputes can arise if beneficiaries feel that the executor is not fulfilling their duties properly. Common executor disputes include:

• Delays in estate administration
• Conflicts of interest
• Mismanagement of estate assets

If you are a beneficiary, you can apply to the NSW Supreme Court to have an executor removed if you believe the executor is not fulfilling their duties.

Intestate Disputes

When a person dies without a valid will, they are said to have died intestate. In these cases, the estate is distributed according to the intestacy rules outlined in the Succession Act 2006. Disputes can arise when family members or other interested parties disagree with how the estate is distributed under these rules.

In NSW, the deceased’s spouse or de facto partner usually receives most of the estate, with any remaining assets going to children, parents, or other close relatives. However, disputes can occur if multiple spouses or partners are involved, children from different relationships contest their share, or family members believe they are entitled to a larger portion due to their financial dependency on the deceased.

Disputes Over Trusts and Joint Assets

Disputes can also arise over jointly held assets or trusts established by the deceased. Jointly held assets generally pass to the surviving owner automatically. However, family members may argue that these assets should be included in the estate and distributed according to the will or intestacy rules.

Common trust and joint asset disputes include challenging asset ownership and disputes over trust management. Resolving disputes over trusts and jointly held assets often involves complex legal arguments, making it important to seek professional legal advice from our estate planning solicitors.

Szabo & Associates Can Handle Your Estate Dispute

Estate disputes in NSW can often involve complex issues. Seeking legal advice from an experienced estate lawyer is essential when dealing with an estate dispute. At Szabo & Associates Solicitors, we have extensive experience handling estate disputes and can provide the guidance and representation you need to resolve these matters efficiently and fairly. Contact us for advice.