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Estate disputes emerge during one of life’s most challenging times: following the loss of a loved one. At GMP Law, we understand that conflicts over a will, concerns about an executor’s actions, or disagreements among beneficiaries can place significant emotional and financial strain on families.
Our experienced estate dispute lawyers help clients across Australia navigate complex estate litigation, working toward fair resolutions that protect your legal rights and financial interests.
Estate disputes can happen whenever there’s a disagreement about how a loved one’s estate is being managed or shared. Understanding whether your situation can be acted on legally is the first step to finding a solution.
This may include:
This may include:
This may include:
| Challenging a will’s provisions | Contesting a will’s validity | Beneficiary disputes |
|---|---|---|
| If you think a will doesn’t provide fairly for you, or you’ve been left out entirely, you may be able to make a family provision claim to receive a greater share of the estate. | A will can be challenged if there are doubts about whether it was legally valid. Common concerns include the deceased not having the mental capacity to make the will, undue influence, fraud, forgery, or mistakes in signing or witnessing. | Disagreements can occur between beneficiaries about how assets are divided, how parts of the will are interpreted, or who should receive specific items. Legal advice can help resolve these disputes fairly. |
| Executor misconduct or breach of duty | Removal of an executor or trustee | Disputes over executor remuneration |
|---|---|---|
| Executors, including the Public Trustee when they act as administrator, must act in the best interests of the estate and beneficiaries. If they mismanage assets, act in their own interest, delay unnecessarily, or fail to provide proper accounts, you may be able to challenge their actions. | In serious cases involving misconduct, conflict of interest, or incapacity, the court can remove an executor or trustee and appoint someone else to protect the estate. | Conflicts can also occur over whether an executor or trustee should be paid, or how much. Courts can decide these matters if they cannot be resolved privately. |
| Delays in estate administration | Accounting disputes | Asset valuation and distribution disputes |
|---|---|---|
| Slow handling of an estate can create stress and financial difficulties for beneficiaries. Legal action can encourage the executor to act promptly. | Beneficiaries have the right to clear, transparent accounts. If an executor refuses to provide this, or the accounts raise concerns, legal remedies may be available. | Disagreements may occur over how estate assets—such as property, businesses, or sentimental items—are valued or distributed. Legal advice can help ensure assets are shared fairly. |
Start with a free consultation and get your case reviewed within minutes.
| Increased provision from the estate | Declaration of will invalidity | Rectification of will errors |
|---|---|---|
| Successful family provision claims can provide more financial support, whether as a lump sum, property, or a percentage share of the estate. | If a will is declared invalid, an earlier valid will applies, or if none exists, the estate is distributed under intestacy rules. | Courts can sometimes correct drafting mistakes to reflect the deceased’s true intentions. |
| Removal and replacement of the executor | Orders compelling proper administration | Compensation for losses | Recovery of estate assets |
|---|---|---|---|
| Courts can remove executors who breach their duties and appoint replacements to protect the estate. | Courts can require executors to provide accounts, distribute assets promptly, or take other actions to fulfil their responsibilities. | Executors who fail in their duties may be personally liable to compensate the estate for any resulting losses. | Legal action can recover assets that were misappropriated, sold below market value, or improperly distributed. |
Our Unique Fee Reduction Guarantee
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
We understand that the legal process can feel overwhelming, especially when you’re dealing with grief alongside it. At GMP Law, we’re here to guide you every step of the way:
Our No Win No Fee comepnsation lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in compensation law, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
Expert abuse lawyer support in every state
to assess your claim
Proudly recognised by Doyles Guide 2025 for excellence in personal injury legal services
At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee service.
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee dispute lawyers apart.
At GMP Law, we assist clients nationwide with will validity disputes, family provision claims, and other complex estate matters.
| Background | Our client, an adult son, sought a share of his mother’s estate after she died without a will. Under intestacy laws, her estranged husband—separated for more than 20 years—was set to inherit the entire $360,000 estate. The client, along with his sister and half-brother, faced being completely excluded. |
|---|---|
| The Issue | With no valid will, the estate would legally pass to the estranged spouse, despite minimal involvement in the deceased’s life. |
| GMP Law’s Approach | We commenced District Court proceedings and prepared a strong family provision claim, demonstrating the client’s genuine financial need—including supporting six children and managing a significant mortgage. We also gathered evidence of his relationship with his mother to show why the default intestacy outcome was unfair. |
| Outcome | The dispute settled at mediation, with the estate divided equally among the three siblings. This result provided the client with meaningful financial support, easing mortgage pressure and improving his family’s circumstances. |
| Background | Our client, a widower and single parent from Parkes, NSW, was left out of his biological father’s will. He had grown up estranged from his father and only discovered his identity a few years before his father’s death. Despite making efforts to build a relationship, his father cut ties under pressure from other children. The client faced financial hardship, including a large mortgage and limited superannuation. |
|---|---|
| The Issue | The client needed to prove he was the deceased’s son to make a family provision claim. The defendants initially denied the relationship, creating a significant hurdle to accessing the estate. |
| GMP Law’s Approach | We filed proceedings in the Supreme Court of NSW and insisted on a DNA test, which confirmed paternity. We participated in court-annexed mediation and continued negotiations with the defendants to secure a fair settlement. |
| Outcome | The client received a settlement exceeding $300,000, providing financial security and recognition of his status as the deceased’s son. |
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our medical negligence case studies:
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Meet our dedicated team of estate dispute lawyers, with offices in Melbourne, Sydney, Brisbane, and across Australia. Our experienced team specialises in resolving complex will and estate matters, including will contests, family provision claims, executor disputes, and issues involving estate administration.
We are committed to achieving fair and practical outcomes for individuals and families navigating challenging estate conflicts.
Time limits for estate disputes differ depending on your state and the type of claim; however typically must be filed within six to 12 months. Will contests generally must be filed within:
Other types of disputes, such as executor or administration claims, may have different deadlines. Seeking legal advice early is essential to ensure your rights are protected.
Yes. If someone dies without a valid will (intestate), eligible family members may be able to make a family provision claim to receive a fair share of the estate.
The court considers factors such as your relationship with the deceased, your financial needs, and any other claims from beneficiaries. Early legal advice is important, as strict time limits apply for lodging claims.
Start with a free consultation. Call 1800 004 878, or request a call back below.
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