Wills & Estate Disputes
Disputing a Will? Get Your Fair Share
Feel like you’ve been treated unfairly under a loved one’s will?
Contesting a will is never easy, but sometimes it’s necessary to ensure fairness. When we say “fair”, we don’t necessarily mean “equal”. We mean that you should receive a share of your loved one’s estate that reflects your relationship with them and your personal circumstances. You need a team that knows Estate Law inside and out – not just the paperwork.
We guide you through each step with compassion and clarity, helping you understand your rights and options while protecting your interests throughout this difficult time.
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Our Services
What's Your Will Dispute Situation?
Every family situation is different, but these scenarios reflect many of the will disputes we help resolve:
Eg: "My father left everything to his new wife, and I got nothing."
When You've Been Left Out
Family provision claims can help when you’ve been inadequately provided for or completely excluded from a will. Under NSW law, eligible persons – including children, spouses, and dependants – can claim their fair share of an estate even if the will doesn’t provide for them.
We can help if:
- You’re a spouse, child, or dependant who received little or nothing
- The will doesn’t adequately reflect your relationship with the deceased
- You have financial needs that should be considered
- You provided care or support to the deceased
We assess your relationship with the deceased, your financial circumstances, and the size of the estate to determine if you have a valid family provision claim.
Eg: "Mum changed her will weeks before she died, but she had dementia."
When Something Doesn't Feel Right
Not all wills are valid. When a will is made under questionable circumstances, we can challenge its legal validity. This is different from a family provision claim – we’re talking about a scenario where the will itself shouldn’t be recognised by law.
Common validity challenges:
- Lack of mental capacity (dementia, mental illness, cognitive impairment)
- Undue influence or coercion by family members or carers
- Fraud, forgery, or suspicious circumstances around signing
- Improper execution (incorrect witnessing, signing procedures)
We gather medical evidence, witness statements, and expert opinions to build a strong case challenging the will’s validity.
Eg: "After caring for Dad for years, my sibling who never visited inherited the house."
When the Will Seems Unfair
The law recognises that people who provide care, support, or have close relationships with the deceased should be adequately provided for. Even if a will is legally valid, it might not provide fairness for all eligible persons.
You may have a claim if:
- You cared for the deceased but received little in return
- Your sibling inherited significantly more despite equal relationships
- You have greater financial need than other beneficiaries
- The deceased promised you would be provided for
We help you claim your fair share based on your contribution to the deceased’s welfare, your financial needs, and your relationship with them.
Eg: "The executor won't tell us what's in the estate or what they're doing."
When the Executor Isn't Doing Their Job
Executors have legal duties to beneficiaries and the estate. When they fail in these duties – whether through delay, secrecy, or mismanagement – we can take action to protect your interests and ensure proper estate administration.
Common executor problems:
- Refusing to provide information about estate assets
- Unreasonable delays in distributing the estate
- Making decisions that benefit themselves over beneficiaries
- Failing to properly manage or protect estate assets
We can apply to the court for executor removal, seek compensation for losses, or pursue other remedies to ensure the estate is properly administered.
One Result: Confidence
Will disputes handled with absolute clarity, full legal protection, and genuine care for your family.
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When You Can Contest a Will
Lack of Mental Capacity
- Questioning whether the person had the mental capacity to make the will
- Evidence of dementia, mental illness, or cognitive impairment
- Medical records and witness statements to support your case
Undue Influence or Coercion
- Someone pressured or manipulated the will-maker
- Isolation from family or friends during will preparation
- Sudden changes to long-standing estate plans
Family Provision Claims
- Inadequate provision for spouse, children, or dependants
- Claims under the Succession Act 2006 (NSW)
- Fair share of the estate based on your relationship and circumstances
Will Validity Issues
- Improper signing or witnessing procedures
- Fraud, forgery, or suspicious circumstances
- Multiple wills with conflicting instructions
Why Choose Us
Why Choose Complete Legal for Your Will Dispute?
We don’t just practice estate law – we understand that will disputes affect families, not just bank accounts. Our team combines sharp legal minds with local knowledge and genuine compassion to guide you through this challenging time.
Estate Lawyers, Not Just Document Reviewers
While some will matters seem straightforward, estate disputes can become complex quickly. As fully qualified estate lawyers, we have unlimited scope to handle any legal issue from family provision claims to Supreme Court litigation. This means no scrambling to engage multiple providers if your matter escalates – we’ve got you covered from initial advice to final resolution.
Straight-Talking Clarity
We speak fluent legal. But don’t worry – we’ll keep it in plain English so you understand exactly what your options are and what each step involves. We explain complex estate concepts in straightforward terms, helping you make informed decisions without the confusing jargon.
Human Expertise
We’re skilled lawyers and real people who genuinely understand that this isn’t just about money – it’s about family, fairness, and finding peace. Our approach combines technical excellence with practical wisdom, ensuring you receive advice that’s both legally sound and personally compassionate.
Local Connection
We’re the lawyers that know Penrith… and Penrith families. When you need legal support during difficult family times, turn to the team your neighbours trust. Our deep understanding of local estate issues and NSW Supreme Court procedures ensures you receive expert representation tailored to your specific situation.
Don't Let Unfair Treatment Stand
Don't sign before you check the fine print.
Don’t wait – 12-month deadlines apply.
Time limits apply to will contests. A person can only contest a Will in the 12 month period following a deceased person’s death. Getting expert legal advice about your situation is just a conversation away. Talk to Penrith’s trusted estate law team today.
No obligation • Typically respond within a few hours • In-person or virtual options
Our Process
From Legal Confusion to Clarity
The law – and the legal ‘speak’ that comes with it – can be overwhelming. You have choices other than panic, stress of overwhelm: Call in expert help.
At Complete Legal and Conveyancing, we translate complex legal concepts into clear terms so you know exactly what’s happening at every stage. We lay all options on the table from the start, including costs, and stay by your side throughout the entire journey.
Get In Touch
Schedule a no-pressure chat
Call us or book online. Ask as many questions as you like – it costs you nothing but time. We’ll listen to understand your situation and give you a straightforward assessment of where you stand.
Develop Your Strategy
Get a clear path forward
We’ll meet to discuss your situation in detail and outline your options in terms you’ll actually understand. You’ll leave knowing exactly what comes next, and we’ll do our best to explain what it might cost and how long it might take.
We Take Action
We work, you stay informed
Our team gets to work on your matter, managing all the complex legal requirements while keeping you updated at every important stage. No surprises, just regular updates in normal human language.
Achieve Your Outcome
Results you can count on
We deliver the outcome you need without unnecessary drama or complication. Throughout the entire process, we’re focused on what matters most – getting you the result you need so you can move forward.
Our Wills & Estate Disputes Team
The Humans Behind Your Success
Areas We Service
Legal Support Throughout
Western Sydney & The Blue Mountains
Based in Penrith, we provide expert legal services to clients throughout Western Sydney and the Blue Mountains. Whether you’re in Penrith CBD or one of the surrounding suburbs, we offer the same straight-talking legal support you can rely on.
Distance is no barrier to quality legal advice
Western Sydney
- Caddens
- Cambridge Gardens
- Cambridge Park
- Castlereagh
- Claremont Meadows
- Colyton
- Cranebrook
- Emu Heights
- Emu Plains
- Glenmore Park
- Jamisontown
- Jordan Springs
- Kingswood
- Leonay
- Mount Druitt
- Mulgoa
- Orchard Hills
- Regentville
- Richmond
- Silverdale
- St Clair
- St Marys
- Thornton
- Thornton
- Wallacia
- Werombi
- Werrington
- Windsor
Need legal support and don’t see your area listed? We serve clients across NSW and can arrange virtual consultations for your convenience. Contact us to discuss your specific needs.
Distance is no barrier to quality legal advice
The Blue Mountains
- Blaxland
- Faulconbridge
- Glenbrook
- Hazelbrook
- Lapstone
- Lawson
- Mount Riverview
- Springwood
- Valley Heights
- Warrimoo
- Winmalee
- Winmalee
- Woodford
Need legal support and don’t see your area listed? We serve clients across NSW and can arrange virtual consultations for your convenience. Contact us to discuss your specific needs.
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Call 02 4704 9991Our Fax
02 4704 9992
Our address
19B Lawson St,
Penrith NSW 2750
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FAQs
Frequently Asked Questions
Yes, in many cases. Under NSW law, eligible persons can make family provision claims even if they’re not named in the will. This includes spouses, children, dependants, and people in close personal relationships with the deceased. We’ll assess whether you qualify and have grounds for a claim.
Many will disputes arise from unclear wording, outdated documents, or inadequate provision planning. Our comprehensive estate planning services help prevent the situations that commonly lead to family disputes. Learn about our estate planning approach.
Timeframes vary significantly depending on the complexity of your case and whether it settles out of court. Simple matters might resolve in a few months, while complex disputes that go to court can take 12-18 months or more. We’ll provide you with a realistic timeline based on your specific situation.
We believe in transparent pricing with no surprises. During your initial consultation, we’ll provide a clear cost estimate based on your specific situation. Many estate disputes can be resolved through negotiation, keeping costs manageable. We always explain all costs upfront before you commit, including court filing fees and potential cost orders.
In NSW, you generally have 12 months from the date of death to commence proceedings. However, the court can extend this time limit in exceptional circumstances. It’s crucial to seek legal advice as soon as possible, as gathering evidence becomes more difficult over time.
The evidence required depends on the grounds for your challenge. This might include medical records, witness statements, financial documents, copies of previous wills, or evidence of your relationship with the deceased. We’ll help you identify and gather the evidence needed for your specific case.
Will disputes are inherently challenging for families, but many can be resolved through respectful negotiation rather than bitter court battles. We focus on achieving fair outcomes while minimising family conflict wherever possible. Our approach prioritises communication and mediation before litigation.