Estate Litigation
Specialist advocacy and advisory across contested probate, testamentary capacity challenges, family provision applications, and fiduciary accountability before the Supreme Court Equity divisions of New South Wales, Victoria, and Queensland.
“Succession litigation operates at the tension point between absolute testamentary freedom and statutory moral duty. Resolution turns not on perceived familial grievance, but on strict evidentiary scrutiny of contemporaneous solicitor notes, clinical records, and verifiable financial dependency.”
Contested estate proceedings demand rigorous threshold analysis from inception. Whether interrogating suspicious circumstances attending execution or assessing an eligible applicant’s maintenance needs, the Supreme Court requires admissible, cogent proof. Early forensic appraisal of probate files and estate asset disclosures clarifies substantive exposure before costs erode the estate pool.
In Australian jurisdictions, discretionary statutory relief is guided by established precedent and strict practice directions. Objective, measured representation ensures that clients navigate court-annexed mediation and trial proceedings with disciplined clarity, safeguarding fiduciary integrity and family assets against unmerited claims.
Estate & Testamentary Services
Contested Probate & Validity
Representation in challenges to wills founded on defective execution, informal testamentary documents, allegations of undue influence or fraud, and applications requiring proof in solemn form before the Supreme Court.
Family Provision & Moral Claims
Advancing and defending statutory claims for eligible persons under state Succession Acts. Evaluating moral duty, financial need, and estate quantum, while safeguarding asset bases against unwarranted dilution.
Testamentary Capacity & Knowledge
Advising on capacity challenges under the Banks v Goodfellow doctrine, evaluating evidence of cognitive impairment, lucid intervals, delusions, and lack of knowledge and approval at execution.
Executor Disputes & Fiduciary Accounting
Intervention in fiduciary deadlock, egregious administration delays, misapplication of assets, and applications under the Probate and Administration Act for revocation of grants or independent judicial administration.
Equitable Claims & Proprietary Estoppel
Prosecuting and resisting complex equitable claims arising from unfulfilled testamentary promises, common intention constructive trusts, and proprietary estoppel over agricultural, corporate, or residential assets.
Judicial Mediation & Resolution
Structuring robust, tax-effective settlement terms and deeds of family arrangement through mandatory court-annexed mediation and strategic Calderbank offers, preserving core estate capital from adverse cost orders.
When an estate becomes contested, clarity matters.
Every estate dispute turns upon forensic appraisal of drafting files, medical certifications, and financial affidavits. Strict statutory limitation periods govern proceedings—including 12 months from death under NSW Succession Act s 58 and 6 months from probate grant in Victoria under the Administration and Probate Act 1958. In accordance with Supreme Court Equity Practice Notes (including SC Eq 7), we deliver restrained, objective counsel designed to assess risk, comply with rigorous disclosure directions, and ground your position in documentary reality rather than emotional friction.