Estate Litigation and Contested Wills Lawyers in Port Macquarie and Laurieton

Measured Guidance in Estate Disputes

Estate disputes can arise unexpectedly and often involve heightened emotions, complex family relationships and significant financial interests.

Navigating these matters requires careful judgment, clear advice and an understanding of both the legal and personal issues involved. At Morris Succession Lawyers, we act in estate litigation matters across Port Macquarie, Laurieton and New South Wales. We assist clients in contested wills, family provision claims and other succession law disputes, providing strategic and considered advice tailored to each matter.

When Estate Litigation Advice Is Needed

Estate litigation advice may be required when:

A will is being challenged or disputed

A family provision claim is being considered or defended

There are concerns about testamentary capacity or undue influence

A person believes they have been unfairly excluded from an estate

Disagreements arise between beneficiaries or executors

Early advice can often clarify your position and help determine the most appropriate path forward.

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Our Approach to Estate Litigation

We take a strategic and measured approach to estate litigation, focused on resolving disputes efficiently where possible while protecting our clients’ interests.

Where appropriate, we pursue early resolution through negotiation or mediation to minimise cost, delay and emotional strain. When court proceedings are required, we provide clear advice and strong representation throughout the litigation process.

What's involved when someone makes a family provision claim against an estate?

The claimant (Plaintiff) files a Summons - must be within 12 months of the death (but sometimes extensions may be granted)

The Plaintiff files an affidavit setting out their current and likely future financial needs, their relationship with the deceased, their age, their current and likely future medical needs, details of any provision the deceased made for them during their lifetime, the assets of the estate and what they're worth, the Plaintiff's assets (including their spouse's assets) and liabilities, details of what the deceased said they wanted to happen after they died (testamentary intentions) and anything else that may be relevant

The Plaintiff files a "Notice of Eligible Persons" setting out who may also be eligible to contest the Will to seek provision

The Plaintiff files an affidavit setting out what their legal costs are to date and what they expect them to be up until a mediation is completed

Usually the Estate representative (usually the Executor) then files an Appearance - formally putting themselves on record. The Court will want a natural contradictor to the claim - i.e someone to oppose it on behalf of the estate.

The Estate then files an Administrator's affidavit setting out what assets are in the estate, what liabilities there are, who else may be entitled to claim against the estate, where the estate administration is up to, who the beneficiaries are, and which beneficiaries may raise their circumstances (this is where the beneficiary is saying to the Court - "don't take funds away from me, I also have needs so the plaintiff shouldn't touch my share")

The Estate arranges service of those other eligible persons to ensure that anyone and everyone who could be a claim against the estate is on notice, so that any claims can be dealt with at once.

The estate must also file an affidavit regarding their costs to date and what they expect them to be up until a mediation is completed.

The estate can also file "reply" evidence addressing any of the claims in the Plaintiff's evidence.

A Court annexed mediation is then scheduled for the parties to attempt to resolve the matter. The Court's registrar acts as the independent mediator to facilitate negotiations.

If it is not resolved then the parties can issue subpoenas on third parties (with the Court's permission) and updating evidence is filed prior to the formal Court hearing/trial

It is fundamental to a family provision claim that the plaintiff evidences their financial need in order to demonstrate that the Will of the deceased fails to adequately provide for the proper maintenance, advancement and education in life.

The Court's practice note requires evidence to be put on early by a plaintiff setting out the financial circumstances of the plaintiff, as well as their spouse or anyone else who is liable to support them.

Conversely, the Defendant (usually the executor) must disclose the assets of the estate, and any beneficiary who wishes to raise their circumstances must also set out their financial affairs in the same manner as the plaintiff.

Beneficiaries are often reluctant to do so, as they have not commenced the proceedings and may not wish to tell the public about what they earn, what they spend their money on, and what assets and liabilities they have generally. However, if a beneficiary does not disclose this information then the Court may infer that they are financially comfortable and may be more at ease in taking part of their interest in the estate and providing it to the plaintiff.

Whilst this may be undesirable for a beneficiary, a failure to disclose can be fatal to a plaintiff. One of the best examples is the case of Leary v NSW Trustee & Guardian (2017) NSWSC 1113, whereby a plaintiff disposed that he was homeless, had no assets and was reliant on a disability support pension, lived frugally and had debts to pay.

As the trial approached, the executor served him with a notice to produce certain financial records, and subpoenaed a number of third parties seeking details of the plaintiff's financial affairs. The plaintiff ignored the notice to produce and did not comply with it.

The plaintiff's solicitors sought leave to cease to act. This is never a good sign.

It came to light that the plaintiff had lied to the court in his affidavits, and had received $450K from a travel insurance claim, had received significant life insurance payouts from his mother and stepfather, traded the stock market, and had gambled most of his money away.

The result? The plaintiff's credibility was obliterated, and ultimately the claim was dismissed.

What We Can Help With

Our estate litigation and contested wills services include advice and representation in matters involving:

Contested wills

Family provision claims

Capacity disputes

Eligibility to contest an estate

Executor and beneficiary disputes

Supreme Court succession proceedings

Our team has experience acting for both executors and claimants in estate litigation matters before the Supreme Court of New South Wales. Each matter is approached with care, discretion and a focus on achieving a practical outcome.

Common Questions About Contested Estates

What is a family provision claim?

A family provision claim is an application made by an eligible person who believes they have not been adequately provided for under a will.

Is there a time limit to contest a will?

In most cases, family provision claims must be commenced within 12 months of the date of death. Extensions may be granted in limited circumstances, so early legal advice is important.

Do all estate disputes go to court?

No. Many estate disputes are resolved through negotiation or mediation before reaching a final court hearing.

Who can contest a will?

Eligibility depends on the nature of the relationship with the deceased and the specific circumstances of the matter. Advice is usually required to determine whether a claim may be available.

Why Morris Succession Lawyers

Morris Succession Lawyers practises exclusively in succession and estate law. This specialist focus allows us to provide depth of expertise, careful judgment and practical litigation strategies in contested estate matters.

With offices in Port Macquarie and Laurieton, we assist clients across the Mid North Coast and New South Wales. Appointments are available in person, by telephone or via video conferencing.

Talk to a Succession Law Specialist

If you are involved in an estate dispute or considering contesting a will, our team is here to help. An initial conversation can provide clarity about your position, your options and the next steps available to you.

Schedule a Consultation