Experienced Will Dispute Lawyers in NSW
- Expert guidance through complex NSW will disputes
- Tailored legal strategies for contested estates
- Supportive service during emotional legal challenges
- Skilled representation in negotiation and court proceedings
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Our Services
Our Expertise in Handling Will Disputes
LawBridge possesses extensive experience across the full spectrum of will disputes and contested estates in NSW. Our specialist wills and estate lawyers provide expert legal advice and representation tailored to the unique circumstances of each estate dispute.
1
Family Provision Claims for Eligible Persons
We regularly act for eligible persons—spouses, de facto partners, children, and dependents—who have been left out of a will or inadequately provided for. Our lawyers assess your eligibility under the Succession Act 2006 (NSW) and guide you through the family provision claim process, ensuring your claim is lodged within the 12-month time limit.
2
Challenging the Validity of a Will
If you suspect a will is invalid, we can help you challenge it on legal grounds such as:
Lack of testamentary capacity
Undue influence or coercion
Fraud or forgery
Improper signing or witnessing
Our team carefully investigates the facts and provides clear advice on the best way forward.
3
Defending a Will Against Claims
We also act for executors and beneficiaries defending a will against challenges or family provision claims. Our focus is on upholding the testator’s wishes, fulfilling executor duties, and resolving estate disputes with minimal delay or disruption.
4
Executor and Estate Administration Disputes
Disputes can arise over how an estate is administered. We assist beneficiaries or other interested parties in matters involving:
Delays or mismanagement by the executor
Disagreements over interpretation of the will
Alleged breaches of duty or conflict of interest
Our goal is to protect estate assets and ensure fair administration.
5
Islamic Will Disputes
LawBridge has specialist experience in Islamic wills and Sharia-compliant estate matters. We provide culturally aware legal advice to resolve disputes that involve both Australian succession law and Islamic inheritance principles, ensuring both compliance and clarity.
How We'll Help You Win Your Will Dispute
At LawBridge, we take a clear, structured approach to resolving will disputes. Whether you’re contesting a will or defending one, our Sydney-based wills and estate lawyers provide expert guidance, strategic representation, and practical support throughout the process.
1
Initial Assessment and Expert Legal Advice
We begin with a thorough consultation to:
Understand the facts and background of the dispute
Review key documents, including the will
Assess your eligibility or legal position as a claimant, executor, or beneficiary
Explain your rights, the legal process, and possible outcomes under NSW succession law
Recommend next steps, including timeframes and strategy
2
Negotiation and Mediation Strategy
We prioritise resolving estate disputes through negotiation or mediation whenever possible. This allows for a quicker, less adversarial outcome. Our lawyers will:
Develop a resolution strategy based on your goals
Communicate directly with the opposing party to present your position
Represent you in informal negotiations or formal mediation
Strive for a fair, cost-effective agreement without going to court
3
Commencing or Defending Court Proceedings
If court intervention is required, we provide strong, experienced representation. This includes:
Preparing and filing court documents in the Supreme Court of NSW
Managing the entire litigation process, from evidence gathering to final hearing
Advocating for your position clearly and effectively in court
Assisting executors in meeting their obligations when defending an estate
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Why Choose LawBridge Wills and Estate Lawyers Sydney
Selecting the right legal support in a will dispute is essential. At LawBridge, our Sydney-based lawyers combine technical expertise with compassionate service to guide you through complex estate matters.
Specialist Wills and Estate Dispute Lawyers
Focused Expertise: We specialise exclusively in NSW succession law, with deep knowledge of the Succession Act 2006 (NSW) and relevant case law.
Comprehensive Services: We handle family provision claims, challenges to validity, defence of wills, and executor disputes.
Client-Focused and Supportive Approach
Personalised Advice: We tailor strategies to your specific situation and maintain open, clear communication.
Supportive Guidance: We know these matters are often personal and difficult, so we prioritise empathy and clarity at every step.
Strategic Representation for Optimal Outcomes
Tailored Legal Strategies: We develop clear, goal-focused approaches to resolve disputes efficiently.
Effective Resolution: Our team is skilled in mediation and negotiation to avoid unnecessary litigation.
Strong Court Advocacy: Where needed, we provide robust representation in the Supreme Court of NSW.
Experience with Complex and Cross-Jurisdictional Issues
Handling Complexity: We’re experienced with blended families, disputed trusts, and high-value or non-traditional asset structures.
Cross-Jurisdictional Matters: We advise on estates involving overseas assets or parties, ensuring compliance with NSW law.
What Our Clients Say
Our clients trust LawBridge to provide clear, reliable & practical legal support.
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Team
Our Dedicated Wills & Estates Team
LawBridge’s estate lawyers specialise in NSW will disputes and family provision claims. With practical insight and clear advice, we help clients contest or defend estates with confidence and care.
Adam Jacobs
Partner & Co-Founder
Ramia Abdo Sultan
Partner & Co-Founder
Mohamad Kammoun
Managing Partner & Co-Founder
Practice Areas
Our Expertise
LawBridge offers specialised legal counsel tailored to the unique needs of the not-for-profit sector. Leveraging deep experience within charities and educational institutions, we provide guidance on governance, compliance, structuring, and operational matters, helping organisations advance their mission effectively.
LawBridge delivers specialised conveyancing solutions designed for the property development sector. We manage complex transactions, including off-the-plan contracts and large-scale settlements, ensuring your projects progress efficiently, mitigate risks, and achieve successful, timely completions.
We provide commercially astute legal advice and solutions for businesses operating in NSW and across Australia. From corporate structuring and transactions to litigation and compliance, our focus is on delivering pragmatic strategies that protect your interests and drive your commercial objectives forward.
We understand that personal legal matters require sensitivity and expertise. LawBridge provides clear, practical advice on personal law issues including family law, wills, and estate planning, ensuring your personal interests and assets are protected with a strategic, results-oriented approach.
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Understanding Will Disputes in NSW
When a loved one passes, dealing with their estate can become complicated—especially if disputes arise over their will. In NSW, will disputes typically fall into two legal categories: contesting a will or challenging its validity. Understanding this distinction is essential for determining your rights and next steps.
Contesting a Will vs Challenging a Will
Though often used interchangeably, contesting and challenging a will refer to different legal actions under NSW estate law:
Contesting a Will involves making a family provision claim. An eligible person applies to the Court for a greater share of the deceased estate, arguing that the will (or intestacy rules) failed to provide adequate provision for their proper maintenance, education, or advancement in life.
Challenging a Will questions the validity of the will itself. Common grounds include:
Lack of testamentary capacity (e.g., the deceased was not of sound mind).
Undue influence or coercion.
Fraud or forgery.
Failure to meet formal requirements for execution.
Suspicious circumstances surrounding the will’s creation.
Each path has different legal requirements and outcomes. Our estate dispute lawyers can advise on the right course for your situation.
What is a Family Provision Claim in NSW?
A family provision claim is made under the Succession Act 2006 (NSW) when an eligible person believes the will—or intestacy—has not provided adequately for their needs.
Key elements include:
Eligibility: Spouses, de facto partners, children, and certain dependents or close personal relationships may qualify.
Legal Grounds: You must show the Court that provision made (if any) was insufficient for your proper support, education, or advancement in life.
Time Limit: Claims must be filed within 12 months from the date of death. Extensions are only granted in limited cases.
If you think you may be eligible, it’s important to seek advice from a wills and estates solicitor without delay, as time limits and evidence requirements are strict.
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Frequently Asked Questions About Contesting a Will in NSW
Understanding family law can be overwhelming, especially during emotionally challenging times. Below, we answer common questions to help you better navigate key aspects of separation, divorce, parenting arrangements, and property settlement in NSW.
What is the difference between challenging and contesting a will in NSW?
Contesting a will in NSW generally involves making a family provision claim to seek adequate provision or a larger share from the deceased estate, focusing on the amount provided. Challenging a will, conversely, questions the legal validity of the will itself, arguing it should not be recognised due to issues like lack of testamentary capacity, undue influence, fraud, or improper execution. Expert legal advice can clarify which path applies to your estate dispute.
Is there a time limit for contesting a will in NSW?
Yes, there is a strict time limit for contesting a will through a family provision claim in NSW; the claim must generally be commenced within 12 months from the date of the deceased’s death. The Supreme Court of NSW may grant an extension to this 12-month period under specific circumstances if sufficient cause is demonstrated. Seeking timely legal advice from a solicitor is crucial to ensure you meet this deadline.
Who is eligible to contest a will in NSW?
Eligibility to contest a will in NSW by making a family provision claim is defined under the Succession Act 2006 (NSW) and typically includes the deceased’s spouse, de facto partner, children, and former spouses. Other individuals, such as dependent grandchildren, members of the deceased’s household at any time, or persons in a close personal relationship with the deceased at the time of death, may also be eligible persons. Certain eligible persons must also show ‘factors warranting’ their application to the court.
Will I have to go to Court if I contest a will?
No, you will not necessarily have to go to Court if you contest a will, as many wills and estates disputes in NSW are resolved through negotiation or mediation without formal court proceedings. However, if a settlement cannot be reached via these alternative dispute resolution methods, commencing proceedings in the Supreme Court of NSW might be required to resolve the estate dispute. An estate lawyer can advise on the best approach for your situation.
How do I get a copy of the deceased's will?
A named beneficiary in a will can usually obtain a copy by requesting it directly from the executor of the deceased estate. If you are not a beneficiary or are unsure who the executor is, you may need to wait until a grant of probate is issued by the Supreme Court of NSW, after which the will becomes a public document. Identifying and contacting the executor is often the necessary first step.
What makes a will invalid in NSW?
A will may be declared invalid in NSW for several reasons, including improper execution (not correctly signed or witnessed according to NSW law), the deceased lacking testamentary capacity (not being of sound mind) when the will was made, or the presence of undue influence, coercion, fraud, or forgery. Proving a will is invalid requires specific evidence related to these legal grounds. Seeking expert legal advice is recommended if you suspect a will is invalid.
What happens if the deceased did not leave a will?
If a person dies without leaving a valid will in NSW, they are said to have died ‘intestate’, and their deceased estate is distributed according to the rules of intestacy outlined in Chapter 4 of the Succession Act 2006 (NSW). These legislative rules dictate a specific order for distributing the estate assets among surviving relatives, such as the spouse, children, and other family members. An administrator is typically appointed to manage the estate distribution.
Can I contest a will if I live interstate?
Yes, you can contest a will in NSW even if you reside in another state or territory, as NSW law does not require a claimant making a family provision claim to live within NSW. Your eligibility primarily depends on your relationship with the deceased person as defined under the Succession Act 2006 (NSW). However, estate matters involving assets across different jurisdictions can introduce complexities, making expert legal advice essential.
What is the role of an executor in a will dispute?
In a will dispute, the executor’s role includes upholding the terms of the will and defending the deceased estate against any family provision claim or challenge to the will’s validity. Their duties involve managing estate assets, paying liabilities, applying for a grant of probate if needed, and distributing the remaining estate according to the will or a court order arising from the dispute. The executor must act impartially in the best interests of the estate and its beneficiaries.
