Contested Estates & Will Disputes

When inheritance becomes a source of conflict, Windsor Law provides clear, compassionate legal guidance to help you secure what’s fair and protect family relationships.

Losing a loved one is hard enough — facing uncertainty or unfairness in the distribution of their estate makes it even harder. Disputes over Wills and estates are increasingly common, particularly when dependants, step-families or carers believe they’ve been left out or inadequately provided for. At Windsor Law, we act for both claimants and executors in contested estate matters, offering experienced legal support to resolve disputes quickly, respectfully and effectively.
What We Cover
We represent clients in all areas of estate and inheritance law, including:
  • Family Provision Claims – seeking a fair share when a Will doesn’t provide adequate financial support. (lawaccess.nsw.gov.au)
  • Contesting a Will – alleging the Will is invalid due to undue influence, lack of capacity, or improper execution. (turnbullhill.com.au)
  • Defending a Will – acting for executors or beneficiaries to uphold a valid Will and protect estate assets.
  • Estate Administration Disputes – concerns about how executors manage estate funds or distribute property.
  • Mediation & Negotiation – resolving disputes without costly court battles wherever possible. (lawpartnership.com.au)
We handle complex family situations, blended families, second marriages, estranged relatives and claims involving rural properties, trusts, companies and superannuation death benefits.
Your Rights & Who Can Make a Claim

Under the Succession Act 2006 (NSW), certain eligible people can challenge a Will or make a family provision claim if they’ve been left out or inadequately provided for. Eligible applicants include:

  • Spouses or de facto partners of the deceased.
  • Children (including step-children or adopted children).
  • Former spouses, dependants or those who were living with and financially supported by the deceased.
  • In some cases, grandchildren or household members. (lawaccess.nsw.gov.au)

If successful, the Court may order that provision be made for your maintenance, education or advancement in life.

Time limits:

In NSW, you generally have 12 months from the date of death to file a claim — but early legal advice is crucial, especially if estate assets are being distributed. (turnbullhill.com.au)

Why Choose Windsor Law?

Experience, results, and a client-focused approach.

  • Experience in Contested Estates: Our team has extensive experience in Will disputes, probate and estate administration matters.
  • Balanced Approach: We aim for early, practical resolutions through negotiation and mediation — saving you time, stress and costs.
  • Clear Communication: We’ll explain your rights, eligibility and likely outcomes in plain language.
  • Fixed Fee & No Win/No Fee Options: For eligible family provision claims, we offer flexible billing arrangements.
  • Empathy & Confidentiality: We understand the emotional nature of estate disputes and handle all matters discreetly and respectfully.

Our Process – Step by Step

Initial Consultation & Eligibility Review
We determine if you have standing under the law and assess claim strength.
Information Gathering
We obtain the Will, probate documents, financial statements and correspondence.
Negotiation & Mediation
We work to reach settlement before court through structured negotiation or mediation.
Court Application
If needed, we file your family provision claim or defence in the Supreme Court of NSW.
Resolution & Distribution
Once settled or decided, we manage compliance and ensure the outcome is properly implemented.
What to Do If You Believe a Will Is Unfair
  • Act quickly. Estate distributions can occur soon after probate; once assets are distributed, recovery becomes harder.
  • Gather documents. Locate copies of the Will, any codicils, correspondence, and the probate notice if available.
  • Make notes. Write down your relationship with the deceased, your financial needs and any promises or support you received.
  • Avoid family conflict. Contact a solicitor before confronting beneficiaries or executors directly.
  • Seek legal advice early. We can confirm your eligibility, the strength of your claim and your options for settlement.

Frequently Asked Questions

Eligibility depends on your relationship to the deceased and whether you were dependent on them. We’ll review your circumstances and advise. (lawaccess.nsw.gov.au)

No, many disputes settle through mediation or negotiation, avoiding a hearing entirely. (lawpartnership.com.au)

Yes. We can represent executors and beneficiaries to protect the estate and ensure fair administration.

Straightforward disputes can settle in a few months; complex matters may take 12–18 months depending on mediation and court scheduling.

Concerned about a Will or inheritance?

Speak to the Contested Estates team at Windsor Law today. We’ll help you understand your rights, assess your options and guide you toward a fair resolution.

Book a Free Consultation

 Proven expertise, free consultation, no win, no fee.