Contesting a will, defending a claim, or resolving a dispute between executors and beneficiaries.
Disputes over a loved one's estate are stressful for everyone involved. Whether you believe you have been unfairly left out of a will, you are defending the estate against a claim, or there is a disagreement about how the estate is being managed, you need clear advice on where you stand and what your options are.
At Beneke Legal, we provide straightforward guidance on estate disputes and work to resolve them as efficiently as possible. Many disputes can be settled through negotiation without the need for a full court hearing.
If you believe you have been left without adequate provision in a loved one's will, or left out entirely, you may be entitled to make a family provision claim under the Succession Act 2006 (NSW). Eligible claimants can include spouses, children, grandchildren, former spouses, and people who were dependent on the deceased. We can advise you on whether you have a claim, the strength of your position, and what the process involves.
If you are an executor or beneficiary and someone is challenging the will, we can advise you on the strength of the claim and represent the estate's interests. Our aim is to resolve the dispute as efficiently as possible, whether through negotiation or, if necessary, through the court process.
Disagreements can arise about how an estate is being managed, the pace of administration, or the interpretation of the will. We provide clear advice on the rights and responsibilities of all parties and work toward a practical resolution.
In NSW, a family provision claim must generally be made within 12 months of the date of death. While the court can grant an extension in some circumstances, this is not guaranteed. If you are considering making a claim, it is important to get legal advice as soon as possible to protect your rights.
If someone has notified you of an intention to make a claim against an estate you are administering, you should also seek advice promptly so you understand your obligations and how to respond.
Estate disputes are personal and emotional. We approach them with sensitivity, but we are also direct about the strengths and weaknesses of your position. You will always know where you stand.
Where possible, we work to resolve disputes through negotiation. This is usually faster, less expensive, and less damaging to family relationships than going to court. When negotiation is not possible, we are prepared to represent you through the court process.
For estate disputes, we provide clear cost estimates upfront based on the complexity of the matter. Payment plans are available. We always discuss costs in your first conversation and formalise everything in a costs agreement before any work begins. No surprises.
Possibly. Under the Succession Act 2006 (NSW), certain people may be able to make a family provision claim if they have been left without adequate provision or left out of a will entirely. Eligible claimants include spouses, children, former spouses, and dependants. The court considers a range of factors including your financial needs, the size of the estate, and your relationship with the deceased. Call us for a free initial consultation and we will assess your situation.
In NSW, a family provision claim must generally be made within 12 months of the date of death. The court can grant an extension in some cases, but this is not guaranteed and adds complexity and cost. If you are considering a claim, we strongly recommend getting advice as early as possible.
If you are an executor or beneficiary and a family provision claim has been made, get legal advice promptly. You need to understand the strength of the claim, your obligations as executor, and how to respond. We can review the claim, advise on the best approach, and represent the estate's interests. Many disputes can be resolved through negotiation without a full hearing.
It depends on the complexity of the dispute and whether it can be resolved through negotiation or needs to go to court. We provide clear cost estimates upfront and payment plans are available. In some cases, costs may be payable from the estate. We will explain the costs position clearly in your first consultation.
This is understandably a concern for many people. We always encourage negotiation and settlement where possible, which tends to be less adversarial than a court hearing. A good outcome is one that resolves the dispute fairly and allows everyone to move forward. We will advise you honestly about the likely impact and the best approach for your circumstances.
If you are considering contesting a will or defending a claim, getting advice early is important. Strict time limits apply in NSW. Call us for a free consultation.