Estate disputes:

The distribution of an estate must accord with the intentions of the deceased as expressed in their will.

Estate disputes often arise when family members are unhappy with the intended distribution of an estate.  This may involve named beneficiaries making an application for additional inheritance, or unnamed beneficiaries making an application to contest their omission from the will. Such applications can be made to the Supreme Court of NSW where the Court will consider circumstances such as:

• The nature of the relationship between the applicant seeking inheritance and the deceased;
• The size of the estate available for distribution;
• Financial resources of the applicant (current and future resources);
• Financial circumstances of any person cohabiting with the applicant;
• Age of the applicant;
• Disabilities/health of the applicant;
• Any contribution made to the estate by the applicant.

There are however usually opportunities before commencing legal proceedings, and during the course of proceedings, to attempt alternative dispute resolution. Alternative dispute resolution mechanisms, particularly mediation can be effective in highly emotional matters, such as will disputes, because the mediator assists in directing the discussions and provides an independent and objective perspective on the dispute. A resolution at mediation will result in a more expeditious resolution to the dispute and will act to keep costs down.

If you wish to speak with one of our Estate Dispute Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.