Defending Estates
Defending a Disputed Estate in Sydney, NSW
When a loved one passes away, their will is intended to reflect their final wishes. Unfortunately, disputes over estates can arise, leading to legal challenges that must be addressed. If you are an executor or beneficiary facing a contested will or disputed estate in Sydney, Szabo & Associates Solicitors are here to provide expert legal guidance and representation.
Contact us today for professional assistance in defending a disputed estate. Our experienced team is ready to protect your rights and the integrity of the will.
Understanding Disputed Estates in NSW
In New South Wales, disputes over estates often arise when someone contests or challenges a will. These disputes typically fall into two categories:
- Contesting a Will: A claim for further provision under the Succession Act 2006 (NSW), often referred to as a family provision claim.
- Challenging a Will: Disputing the validity of the will itself on grounds such as undue influence, lack of testamentary capacity, or improper execution.
The executor of the estate has the primary responsibility for defending the will against these claims. Beneficiaries may also play a role in supporting the executor’s efforts.
Common Grounds for Contesting or Challenging a Will
Disputes over wills can arise for various reasons, including:
- Family Provision Claims: Certain individuals, such as spouses, children, or dependents, may claim that they were inadequately provided for in the will.
- Undue Influence: Allegations that the testator was coerced into making decisions that do not reflect their true intentions.
- Lack of Testamentary Capacity: Claims that the testator did not have the mental capacity to make or amend their will.
- Suspicious Circumstances: Concerns about how the will was prepared or executed.
- Improper Execution: Failure to meet legal requirements for signing and witnessing the will.
The Executor’s Role in Defending a Will
The executor is responsible for managing the estate and defending it against claims. Key responsibilities include:
- Seeking legal advice promptly upon receiving notice of a claim.
- Assessing the validity of the claim and gathering evidence to support the will’s legitimacy.
- Engaging in negotiations with claimants where appropriate.
- Representing the estate in court if negotiations fail.
At Szabo & Associates Solicitors, we guide executors through every step of this process to ensure that their duties are carried out effectively and in compliance with NSW law.
Legal Framework: Succession Act 2006 (NSW)
The Succession Act 2006 governs disputes over wills and estates in NSW. Key provisions include:
- Section 57: Defines who is an “eligible person” to make a family provision claim (e.g., spouses, children, dependents).
- Section 60(2): Lists factors courts consider when determining whether adequate provision has been made (e.g., financial needs, relationship with the deceased).
Understanding these legal principles is crucial when defending against claims. Our team has extensive experience navigating this complex legislation.
How We Can Help You Defend a Disputed Estate
Szabo & Associates Solicitors provide comprehensive legal services for executors and beneficiaries involved in disputed estates. Our approach includes:
- Initial Consultation: We assess your case and provide clear advice on your rights and options.
- Evidence Gathering: Collecting medical records, witness statements, and other documentation to support your defence.
- Negotiation: Attempting to resolve disputes amicably through mediation or settlement discussions.
- Court Representation: If necessary, we represent you in court proceedings to defend the estate.
We understand that estate disputes can be stressful and emotional. Our goal is to achieve a resolution efficiently while minimising conflict.
Why Choose Szabo & Associates Solicitors?
With years of experience handling disputed estates in Sydney and across NSW, Szabo & Associates Solicitors are dedicated to providing expert legal support tailored to your unique situation. Our team understands both the emotional and legal complexities involved in defending wills and estates.
We offer transparent communication, practical advice, and strong advocacy to protect your interests throughout every stage of the process.
Contact our Disputed Estates Lawyers in Sydney, NSW
Contact Szabo & Associates Solicitors today for trusted guidance on defending a disputed estate. Let us help you navigate this challenging time with confidence and clarity. Call us now or fill out our online enquiry form to get started.
Business Inheritance Dispute FAQs
Under Section 57 of the Succession Act 2006, only “eligible persons” can contest a will. This includes:
- Spouses or de facto partners
- Children (including adopted children)
- Former spouses
- Dependents (e.g., grandchildren or household members)
- Individuals in close personal relationships with the deceased at the time of death
Evidence requirements depend on the nature of the claim but may include:
- Medical records proving testamentary capacity
- Witness statements confirming proper execution of the will
- Documentation showing absence of undue influence
- Financial records demonstrating adequate provision for claimants
Costs vary based on factors such as case complexity and whether court proceedings are required. Legal fees for negotiated settlements typically range from $20,000 to $40,000, while court cases can exceed $100,000. Executors are generally reimbursed from the estate for reasonable costs.
As an executor, you have the right to:
- Seek legal advice
- Be reimbursed from the estate for reasonable expenses
- Defend claims against the estate
- Make decisions regarding settlement or litigation in consultation with beneficiaries
Beneficiaries have rights under NSW law, including:
- Access to information about the estate
- Notification of any claims or delays
- Receipt of their entitlement as outlined in the will
If you believe your rights as a beneficiary are being overlooked, our team can assist you.
Why choose Szabo Solicitors
30 years' experience
George Szabo and our Team of Solicitors have more than 30 years of experience with contesting wills in Sydney, NSW and across other States in Australia too.
High success rate
Years of experience and dedication ensure our high success rate in contesting wills cases.
Personal service
Our personalised approach ensures exceptional service tailored to your unique needs and circumstances.
