Tips to help siblings avoid or resolve an estate dispute

In the aftermath of a parent’s death, dealing with the intricacies of their estate can be emotionally challenging for any grieving family member. If proactive steps are not taken during the estate planning process, disputes can arise between family members over their loved one’s distribution of assets.

Our Sydney, NSW estate planning lawyers at Szabo & Associates Solicitors are here to help you avoid or resolve sibling disputes over the estate of a deceased parent and avoid time-consuming and costly litigation.

How blended family Wills work

In Australia, the property division when a person passes away depends on several factors, including whether the deceased has a valid will and the nature of their assets. If the deceased has a valid will, their assets will be distributed according to the terms outlined in the will. The will's executor is responsible for administering the estate and distributing assets to designated beneficiaries per the will’s instructions.

If the deceased person dies intestate, meaning without a valid will, their estate is distributed according to the relevant state’s intestacy laws. Intestacy laws typically prioritise a deceased’s surviving spouse, domestic partner, children, and other close relatives.

Contesting a Will 

A will in NSW can typically be contested for the following reasons:

• Lack of mental capacity of the testator
• Undue influence on the testator by another person
• Fraud or forgery related to the will’s creation or execution
• Lack of proper execution as specified in the Succession Act 2006
• Revocation or amendment of a will before the testator’s death
• Family provision claims by eligible family members or dependents who believe their share of the estate is inadequate

Disputing an estate 

Siblings may dispute their parent’s estate for several reasons:

• Unequal distribution
• Lack of communication
• Family dynamics and rivalries
• Control and influence
• Emotional attachment to assets
• Financial need or expectations
• Perceived unfair treatment
• Legal issues

Contesting a will in probate court can be complex and emotionally damaging to family relationships. Proper estate planning can help minimise sibling rivalry over a parent’s estate; however, sometimes, it may be necessary to handle the dispute through litigation.

Tips for handling sibling disputes 

To minimise conflicts and resolve disputes amicably, siblings should take the following steps:

• Open communication: Effective and transparent communication from the outset is critical to preventing misunderstandings and conflicts.
• Seek legal advice early: A skilled estate planning solicitor can help siblings understand their rights, responsibilities, and options under NSW’s law.
• Clarify intentions in writing: Clear documentation, such as wills, trusts, and estate plans, can help prevent ambiguity and minimise disagreements among siblings.
• Consider mediation: A neutral third party can facilitate constructive discussions among siblings and help them reach mutually acceptable agreements.
• Focus on fairness: Siblings should consider each other’s needs and circumstances and prioritise equitable distribution of assets.
• Manage emotions: Siblings should strive to manage their emotions and avoid making decisions based on impulse or anger.
• Focus on the big picture: Preserving family relationships and honoring the memory of the deceased should take precedence over individual grievances.
• Be willing to compromise: Siblings should be open to negotiation and willing to make concessions to resolve conflicts amicably.

Contact us for help with your property dispute 

Siblings can minimise conflicts and preserve family relationships by approaching estate disputes with patience, empathy, and a willingness to cooperate. At Szabo & Associates Solicitors, we understand the importance of effective estate planning and conflict resolution.

For help navigating challenging times with confidence and peace of mind, please call us on 02 9281 5088 or complete the online contact form to contact our estate planning lawyers at Szabo & Associates Solicitors to minimise these disputes and ensure the execution of your wishes. We can help you achieve your blended family estate planning goals.