Expert Legal Support for Estate Disputes on the Northern Beaches
Losing a loved one is difficult, and disputes over their estate can add extra stress. At M de Mestre Lawyers, we help clients across the Northern Beaches navigate estate disputes with experienced, compassionate legal guidance.
Estate disputes can involve complex issues about how a deceased person’s assets are handled or distributed. If you are involved in a will dispute, facing a contested will, or need advice about contesting or challenging a will, we’re here to support you every step of the way.
What Are Estate Disputes?
Estate disputes arise when beneficiaries, family members, or executors disagree about how an estate should be managed or distributed.
These disputes can involve:
- How assets are shared among beneficiaries
- The actions or suitability of executors or administrators
- Claims by family members or dependents who feel unfairly treated
- Disputes over the validity or interpretation of a will
What Is a Will Dispute?
Will disputes are a specific type of estate dispute focused on disagreements about the contents or validity of the will. Common will dispute issues include:
- Claims that the will was made under undue influence or duress
- Allegations of lack of testamentary capacity (the deceased did not understand what they were doing)
- Questions over the validity of the will due to improper execution
- Claims from family members who believe they have been unfairly excluded or inadequately provided for
What Does Contesting a Will Mean?
A contested will is one that is legally challenged in court. Contesting a will often involves questioning the validity of will based on concerns such as how it was made, whether the person had mental capacity, or if undue pressure was involved.
This process can involve negotiation, mediation, or litigation depending on the circumstances. People usually contest a will if they believe:
- The will was not properly signed or witnessed
- The person who made the will lacked mental capacity
- The will was made under pres
Common Types of Estate Disputes We Handle
We assist with a broad range of estate disputes, including:
1 Challenges to the Validity of a Will
Disputes based on claims that the will is invalid due to lack of mental capacity, undue influence, fraud, or improper execution.
2. Disputes Over Will Interpretation
Conflicts arising from unclear or ambiguous language in the will, causing confusion about the deceased’s intentions.
3. Family Provision Claims
When eligible individuals believe they have not been adequately provided for and seek a greater share of the estate.
4. Challenges to Executor Appointment
Concerns about an executor’s suitability or conflicts of interest affecting estate administration.
Steps to Take if You’re Facing a Will Dispute
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- Seek Legal Advice Early: Don’t delay, getting advice quickly helps protect your rights.
- Gather Documentation: Collect relevant documents such as wills, correspondence, and financial records.
- Understand Your Options: We will explain possible outcomes and guide your next steps.
- Attempt Resolution: Where possible, we aim to resolve disputes through negotiation or mediation.
How Our Estate Disputes Lawyers Can Help
Our experienced Northern Beaches solicitors will:
- Provide expert advice on the strength of your claim or defence
- Guide you through the legal process of contesting or defending a will
- Represent you in negotiations, mediation, or court proceedings
- Help protect your rights and interests throughout the dispute
- Work to achieve a fair resolution while minimising stress and conflict
Why Choose M de Mestre Lawyers?
Get Expert Help with Estate and Will Disputes on the Northern Beaches
If you’re facing an estate dispute, will dispute, or need advice on contesting a will, our experienced team at M de Mestre Lawyers is here to help. We provide compassionate, practical legal support tailored to your situation.
Contact us today to discuss your case and explore your options.
- Visit us at 27/90 Mona Vale Road, Warriewood NSW 2102,
- Call us on +61 (02) 9913 1182
- email [email protected],
- book an appointment online to discuss your legal needs.
Estate Disputes FAQs
Who Can Make a Claim in an Estate Dispute?
People entitled to make claims vary by jurisdiction but generally include:
- Spouses, de facto partners, or former partners
- Children, stepchildren, or grandchildren
- Parents of the deceased or parents of the deceased’s children
- Anyone financially dependent on the deceased
- Carers of the deceased
What Are Family Provision Claims?
Family provision claims are made by eligible persons who believe they have not been adequately provided for in a will. These claims seek further provision from the deceased’s estate.
How Long Do I Have to Make a Will Dispute Claim?
Time limits vary, but typically claims must be made within 12 months of the deceased’s passing. Extensions may sometimes be granted under special circumstances.
Can Estate Disputes Be Resolved Without Going to Court?
Yes. Many estate disputes can be settled through negotiation or mediation, which is often quicker, less costly, and less stressful than litigation.
