Estate Litigation Lawyers Sydney
Contesting Wills, Executor Disputes & Estate Challenges
Disputes over Wills and estates can be deeply personal and emotionally charged. When conflict arises, you need more than just legal advice – you need understanding, guidance, and a team that knows how to navigate these sensitive situations with care.
At Attwood Marshall Lawyers, our Sydney Estate Litigation team is dedicated to helping families resolve disputes with integrity and compassion. We act for beneficiaries, executors, and family members in all types of estate and inheritance disputes, providing clear advice and strong legal representation at every stage.
With more than 80 years serving the community, and a proven track record across New South Wales, Queensland, and Victoria, our estate lawyers are recognised for their depth of knowledge in succession law.
Our solicitors practice exclusively in this area, ensuring you receive expert advice from lawyers who understand both the legal and human side of estate matters.
Whether you are contesting a Will, defending an estate, or facing executor disputes, our focus is on achieving fair and successful outcomes – helping you move forward with confidence and peace of mind.
If you need reliable legal advice or urgent representation, contact Attwood Marshall Lawyers today.
Our team is available 24/7 for urgent matters. Call us on 1800 621 071, visit our office at Level 57, 25 Martin Place, Sydney NSW 2000, or request an online consultation.
Why choose our Sydney Estate Litigation Lawyers?
When you are facing a Wills and estate dispute, experience and understanding matter. Our Sydney lawyers are specialists in succession law, dedicated to resolving even the most complex estate and Will disputes with care and precision. What sets our team apart:
- Local expertise: we regularly appear in the Supreme Court of New South Wales, where most family provision claims and estate disputes are heard if they are unable to be resolved at an early stage.
- Comprehensive estate dispute services: From contesting or defending a Will, to removing executors, challenging NSW Trustee & Guardian decisions, or resolving beneficiary disagreements, our team handles all aspects of estate litigation under one roof.
- Client-first approach: We prioritise clear communication, practical guidance, and plain-English explanations, so you always understand your rights and the steps ahead. You'll receive regular updates and genuine support throughout the process.
- Proven results: Our clients often tell us they feel a sense of relief after engaging our firm. We're proud of our reputation for achieving favourable outcomes while easing the emotional and financial stress that can come with estate disputes.
Call 1800 621 071 or book an appointment online for an initial consultation with one of our Sydney estate litigation lawyers.
Our Estate Litigation Services in Sydney
Contesting a Will
If you’ve been left out of a Will or feel inadequately provided for, you may be eligible to make a Family Provision Claim.
Our team provides expert advice on possible outcomes, helps protect your interest in the estate, assesses your prospects of success, explains the process clearly, and represents you to secure a fair share of the estate.
Defending a Will
As an executor, you have a duty to uphold the deceased’s wishes and act in the best interests of the estate and beneficiaries. If a claim is made against the estate, we can defend the Will to ensure the testamentary intentions of the deceased are respected.
We handle disputes in a professional manner, focusing on minimising conflict while protecting your responsibilities as executor. Where appropriate, we seek settlement through negotiation or mediation to achieve a fair and legally binding resolution.
Challenging a Will
- the Will-maker lacked testamentary capacity,
- the Will was signed under undue influence or suspicious circumstances,
- the Will was not properly signed or witnessed, or
- a power of attorney was involved in the creation of the Will, raising concerns about the attorney's influence or authority.
Our Sydney estate litigation lawyers guide you through the court process and fight to ensure the true intentions of the deceased person are recognised.
Executor & Beneficiary Disputes
We advise both executors and beneficiaries on their rights, obligations, and options to resolve disputes quickly and fairly.
NSW Trustee & Guardian Disputes
- apply to remove the Trustee, and
- seek compensation for financial losses caused by mismanagement.
Statutory Wills
Statutory Wills are an important aspect of estate law, involving specialised legal processes to ensure the estate reflects the person’s intentions and protects beneficiaries’ interests.
We assist families in applying for Statutory Wills.
Meet our Estate Litigation team
Jeff Garrett
Georgia Trapp
Amanda Heather
Katie Joyce
Jessica Spindler
Estate Litigation FAQs
How long do I have to contest a Will in New South Wales?
You generally have 12 months from the date of death to make a Family Provision Claim under the Succession Act 2006 (NSW). Extensions may be granted in limited circumstances.
What’s the difference between contesting a Will and challenging a Will?
- Contesting a Will: asking the Court for a larger share of the estate because you were left out or not adequately provided for. This is done by making a Family Provision Application.
- Challenging a Will: questioning whether the Will is legally valid (e.g. the Will-maker lacked testamentary capacity at the time they drafted their Will, the Will-maker was unduly influenced when drafting their Will, the Will was signed incorrectly).
Can an executor be removed in New South Wales?
Yes. If an executor mismanages the estate, delays administration, or acts against beneficiaries’ interests, the court can remove and replace them.
Do I need to go to court for estate litigation in New South Wales?
Not always. Many estate disputes are resolved through mediation or negotiation. However, if no agreement is reached, your matter may proceed to the Supreme Court of NSW.
Supporting Sydney families beyond the courtroom
We’re proud to support families and communities across Australia through:
- The Law Society of NSW Pro Bono Scheme.
- Partnerships with charities including The Salvation Army and Westpac Rescue Helicopter Service.
- Hosting Community Wills Days to help families plan for the future while supporting vital charities.
We’re proud to be recognised among Australia’s leading law firms, known not only for our professionalism and client-focused service, but also for our deep connection to the communities we serve and our commitment to making a positive difference.
Contact Our Estate Litigation Lawyers in Sydney
Disputes over wills and estates require urgent, specialist advice. Contact a solicitor for immediate assistance to understand your rights and get your matter underway.