Calix Lawyers Estate Litigation Specialists
At Calix Lawyers, we understand that disputes over a loved one’s estate can be emotionally and legally challenging. Our team offers clear, practical, and empathetic guidance to help you resolve estate disputes efficiently and fairly.
Whether you’re contesting a will, defending an estate, or addressing concerns about executors or beneficiaries, we provide strong representation tailored to the legal frameworks of New South Wales, Queensland, and Western Australia.
What Is Estate Litigation?
Estate litigation involves legal disputes related to the administration of a deceased person’s estate. Common issues include challenging the validity of a will, disputes over asset distribution, and conflicts between beneficiaries and executors. Our goal is to resolve these matters with minimal stress, ensuring the deceased’s wishes are respected while protecting your legal rights.
Our Wills & Estates Services
We provide expert advice and representation in:
- Challenging a Will: Assisting eligible individuals who believe they have been unfairly excluded or inadequately provided for, under the Succession Act 2006 (NSW), Succession Act 1981 (Queensland) or Inheritance Act 1972 (Western Australia)
- Defending a Will: Protecting the integrity of a valid will and supporting executors or beneficiaries in defending against claims.
- Executor and Trustee Disputes: Advising on disputes involving the actions or conduct of executors or trustees.
- Family Provision Claims: Helping eligible parties seek adequate provision from an estate if they believe they have not been properly provided for.
- Invalid Wills: Addressing concerns around issues such as undue influence, lack of capacity, or improper execution that may render a will invalid.
The Family Law Process: What to Expect
Initial Consultation
We begin by understanding your concerns, reviewing relevant documentation, and providing an assessment of your legal position.
Legal Advice
Our team offers clear advice tailored to your situation, including your rights and potential outcomes under NSW, Queensland or WA law.
Mediation and Negotiation
Where possible, we aim to resolve disputes through negotiation or mediation, which can be a quicker and more cost-effective alternative to court proceedings.
Court Representation
If necessary, we provide strong representation in the Supreme Court of NSW or Queensland, ensuring your case is presented effectively.
Resolution and Support
We offer ongoing support and advice to help you achieve the best possible outcome, whether through settlement or a court decision.
Common Questions About Estate Litigation
Who can contest a will?
Each Australian State and Territory has provisions for contesting and challenging wills. Generally, an eligible persons includes spouses, de facto partners, children, dependents, and individuals who had a close personal relationship with the deceased.
How long do I have to contest a will?
In NSW, you generally have 12 months from the date of death to contest a will. In Queensland, the timeframe is 9 months from the date of death, with formal claims typically required within 6 months. In WA, a claim is ideally made within six months of grant of probate. Claims made outside this time period require a leave of court in order to make an application, with your reasoning for the delay determined by the court.
What are the grounds for contesting a will?
Common grounds include lack of testamentary capacity, undue influence, fraud, or insufficient provision for eligible beneficiaries under the relevant succession laws.
Can an executor be removed?
Yes, an executor can be removed by the court if they fail to carry out their duties appropriately or act against the interests of the estate.
Where does Calix Lawyers provide Estate Litigation services?
We provide our Estate Litigation services across New South Wales, Queensland, and Western Australia.
Why Choose Calix Lawyers for Estate Litigation?
At Calix Lawyers, we are committed to:
- Providing empathetic and expert legal advice
- Clear, jargon-free communication
- Strong representation to protect your legal interests
- Resolving disputes efficiently and cost-effectively
Get the Legal Support You Need for Estate Disputes
Estate disputes can be complex and emotionally taxing, but you don’t have to face them alone. Contact Calix Lawyers today for expert estate litigation advice and representation across New South Wales, Queensland, and Western Australia.