What We Do

Our team are experienced in all aspects of estate litigation. We advise plaintiffs, defendants, beneficiaries, executors, and trustees in relation to the many legal issues they can face.

We are commonly asked to advise in relation to challenges to Wills brought under laws known as family provision. Demographic changes have meant that we are increasingly asked to advise challenges to Wills where there are questions about whether the willmaker really understood what they were signing.

Frequently Asked Questions

Wills can be challenged, but the court does not have the power to re-write a Will. The intentions of the willmaker are a primary focus and their Will is not disturbed lightly.

No. While family provision claims can be brought in all Australian states and territories, only certain family members are eligible to bring claims.

But there is more to it. It is not enough to just be one of those family members. The applicant can only bring a claim where they have not been ‘adequately provided for’.

There is no one-size-fits-all answer to this. What is ‘adequate’ will vary greatly with the applicant’s circumstances and needs, and their relationship to the deceased. For example, the wealthy adult child will be adequately provided for with a lesser amount than the less well-off adult child.

There is a myth that someone cannot bring a claim if they have received anything from the Will, but this is not true.