Estate Disputes and Contesting Wills Lawyers in Cronulla, Menai and Sydney CBD

Expert Legal Advice for Family Provision Claims, Contested Wills and Estate Litigation Across the Sutherland Shire and Sydney

Estate disputes are among the most emotionally charged legal matters a family can face. Whether you are an executor defending the validity of a Will, a family member who believes you have been unfairly excluded from an estate, or a beneficiary concerned about how an estate is being administered, our estate dispute lawyers in the Sutherland Shire are here to guide you through the process with clarity and compassion.

Our team includes Accredited Specialists in Wills and Estates, a distinction held by very few solicitors across New South Wales, who bring specialist expertise to every contested estate matter. We understand the urgency that often comes with these disputes, and we act promptly to help protect your rights and interests.

We serve clients across Cronulla, Menai, the Sutherland Shire, and Sydney CBD. From family provision claims to challenges based on testamentary capacity, our experienced solicitors provide practical advice tailored to your specific circumstances.

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Simon Bennett, Managing Director and Solicitor practising in Estate Disputes & Contesting Wills Lawyers, Sutherland Shire, Cronulla, Menai and Sydney CBD at Southern Waters Legal

Adeline Schiralli, Accredited Specialist at Southern Waters Legal

A Southern Waters Legal estate planning and litigation lawyer meeting with clients to discuss contesting or defending a will.

Our Experts in Estate Disputes & Contesting Wills can advise you on:

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Family Provision Claims

Under Part 3.2 of the Succession Act 2006 (NSW), eligible people — including spouses, de facto partners, children, former spouses, and certain dependants- may make a family provision claim if they believe they have not been adequately provided for in a Will or intestate estate. These claims are heard by the Supreme Court of NSW. Time limits apply: most claims must be commenced within 12 months of the date of death. We assess your eligibility, advise on the strength of your claim, and represent you through negotiation, mediation, or court proceedings.

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Contesting a Will

A Will may be challenged on grounds beyond family provision, including that the testator lacked testamentary capacity at the time of signing, was subject to undue influence, or that the Will was not properly executed. If you have concerns about the validity of a Will, we will advise you on the available grounds, the evidence required, and the realistic prospects of a successful challenge. We handle these matters with sensitivity to the family relationships involved while pursuing your legal interests firmly.

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Defending an Estate or Will

If you are an executor, beneficiary, or family member facing a challenge to a Will or estate, we provide robust and experienced representation. We assess the claim, advise on your position, and work to resolve the matter as efficiently as possible, through negotiation and mediation where appropriate, and through litigation where necessary. Defending an estate can be complex; having Accredited Specialists on your side can make a material difference to the outcome.

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Testamentary Capacity Disputes

A Will is only valid if the person making it had testamentary capacity at the time of signing, meaning they understood the nature of the document, the extent of their assets, the people who might expect to benefit, and the effect of what they were signing. Where there are concerns about cognitive decline, illness, or the influence of medications at the time a Will was made, we can advise on whether grounds exist to challenge the Will’s validity.

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Undue Influence and Fraud

A Will may be invalid if it was the product of undue influence, where a person was pressured, manipulated, or coerced into making or changing a Will against their true wishes. Similarly, a Will obtained through fraud or forgery may be set aside. These cases require careful evidence gathering and often involve sensitive family dynamics. We approach them with the discretion and thoroughness they require.

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Mediation and Settlement of Estate Disputes

Not all estate disputes need to go to court. Many family provision claims and contested Will matters are resolved through negotiation or formal mediation, often at lower cost and with far less disruption to family relationships. We actively explore early resolution wherever possible while remaining fully prepared to litigate when that is in your best interests. The Supreme Court of NSW also requires parties to attempt mediation in most estate disputes before proceeding to a final hearing.

Accredited Specialists in Wills and Estates

Southern Waters Legal holds Accredited Specialist status in Wills and Estates — the highest formal recognition for solicitors in this area of law in New South Wales, and a distinction held by very few solicitors across the state.

Adeline Schiralli (Special Counsel) and Janette Kveytel hold Accredited Specialist credentials awarded by The Law Society of NSW. In contested estate matters, this specialist depth is invaluable; it means your matter is handled by solicitors with advanced expertise in succession law, Will validity, family provision claims, and estate litigation.

Estate Disputes Solicitors at Southern Waters Legal in Meeting

FAQ

FREQUENTLY ASKED QUESTIONS

Who can contest a Will in NSW?

Under the Succession Act 2006 (NSW), eligible people who may make a family provision claim include: a spouse or de facto partner of the deceased; a child (including an adult child) of the deceased; a former spouse; a person who was wholly or partly dependent on the deceased; a grandchild who was wholly or partly dependent on the deceased; and a member of the household of which the deceased was a member. Eligibility alone does not guarantee a successful claim; the Court also considers the totality of your circumstances and the needs of all other beneficiaries.

What is the time limit for contesting a Will in NSW?

In NSW, a family provision claim must generally be commenced within 12 months of the date of the deceased’s death. The Court has a limited discretion to extend this timeframe in special circumstances, but late claims face additional hurdles and are not guaranteed to be accepted. If you are considering a claim, it is important to seek legal advice as early as possible to protect your position.

How is a family provision claim decided?

The Supreme Court of NSW considers a wide range of factors when determining a family provision claim, including: the nature of your relationship with the deceased; your current financial circumstances and future needs; the size of the estate; the circumstances of other beneficiaries; any contributions you made to the deceased’s welfare or to the accumulation of the estate; and the reasons given in the Will for the provision made (if any). The Court has a broad discretion, and each case is decided on its own facts.

Can a Will be challenged on grounds other than family provision?

Yes. A Will may also be challenged on the grounds that the testator lacked testamentary capacity at the time of signing; that the Will was not validly executed under the Succession Act 2006 (NSW); that the testator was subject to undue influence or coercion; or that the Will was obtained through fraud or forgery. Each ground requires different evidence and carries different legal thresholds. We advise on the strength of the grounds available in your specific circumstances.

What does it cost to contest a Will?

The cost depends on the complexity of the matter and whether it resolves early through negotiation or proceeds to a court hearing. Many estate disputes are resolved at mediation, which is generally far less costly than litigation. We provide a clear cost estimate at your initial consultation based on the likely path of your matter. We do not publish fees online. Please book a consultation so we can assess your situation and give you an informed cost estimate.

Will I have to go to court?

Not necessarily. A significant proportion of estate disputes, including family provision claims, resolve through negotiation or mediation without the need for a court hearing. The Supreme Court of NSW also requires parties to attempt mediation before proceeding to a final hearing in most cases. Where early resolution is possible and in your interests, we pursue it actively. We are equally prepared to litigate when that is the right course of action.

Where are your estate dispute lawyers located?

Our estate dispute solicitors operate from our Cronulla office (Suite 2, 1 Kingsway, Cronulla NSW 2230), our Menai office (Unit 7, 72–80 Allison Crescent, Menai NSW 2234), and our Sydney CBD office (Level 11, Suite 2A, 92 Pitt Street, Sydney NSW 2000). We serve clients across the Sutherland Shire, including Miranda, Caringbah, Gymea, Engadine, Sylvania, Kirrawee, and Sutherland.

Book an estate planning consultation — Southern Waters Legal Cronulla

Our estate disputes team serves clients across Cronulla, Menai, the Sutherland Shire, and Sydney CBD. Time limits apply to many estate claims. If you are considering contesting a Will or have received notice of a claim, we recommend seeking advice promptly.

Consultations are available in person at any of our three offices or by phone and video call.

Enquire about Estate Disputes in Cronulla, Menai or Sydney CBD

Flexible Funding for Estate Administration & Probate Matters

At Southern Waters Legal, we have partnered with JustFund to offer eligible estate clients access to flexible third-party funding options.

Through JustFund, approved legal fees and certain estate-related expenses may be funded upfront by an independent provider. Repayment is typically aligned with the timing of estate distribution, once assets are realised. This can help ensure the administration process progresses without unnecessary delay.

Funding may assist executors in managing legal fees, professional disbursements, property expenses or urgent creditor demands. In appropriate circumstances, it may also allow beneficiaries to access part of their inheritance earlier.

JustFund is an independent third-party funding provider. Southern Waters Legal does not provide loans or finance directly. Our role is to provide independent legal advice and guide you on whether funding may be appropriate in your situation.

By reducing financial barriers, we aim to help executors and beneficiaries move forward with clarity and confidence during what is often a difficult time.

You can read more about estate funding options here.

To discuss whether third-party funding may be suitable for your matter, contact our Estate Planning & Probate team or apply directly at https://justfund.com.au.

Our Estate Disputes & Contesting Wills Solicitors

AREAS WE SERVICE

TESTIMONIALS

“Simon, Leona and all their staff dealt with my Estate Planning and Family Law matter in such a professional manner, I cannot thank them enough. The care and patience shown to me during the time of my matters was truly amazing! Again thank you all so much.”

Glen
Estate Planning & Family Law Client

“Thank you for your very friendly and professional help in getting all of our affairs sorted in such a short time. We are very glad we came to Southern Waters Legal, ad we’re really appreciative of the professional manner and advice with which we received.”

Wayne & Margaret
Estate Planning Client

“I have been a client of Southern Waters Legal for a number of years now. It is at specific times in our lives that we really value integrity and honesty in those we deal with. Simon, Leona and the team have helped me organise our affairs at a very tough time in my life, they have provided wise counsel, legal support and hand-holding as I went through the sale of my family home and moving to new premises. I have received possibly the best financial advice that is reaping rewards for me now. Thank you to a wonderful team of professionals. Thank you”

Anne
Property Client

“I used Leona and her team’s services during an extremely difficult and stressful period of my life. They were able to guide me through the steps required from beginning to end of divorce and financial settlement and set up a plan to follow that helped to take out a lot of the anxiety around not having control over the situation. I had 100% faith at all times in Leona and her team that my best interests were always taken into consideration and I was only contacted when needed to avoid being charged unnecessarily. These guys are the dream team and highly recommend them.”

Stephanie
Family Law Client

“Family law can be very daunting but Leona Bennett removed all the confusion of the ‘legal jargon’ and step by step walked me through the family court process. Leona made it simple and I always had a full understanding of what was happening and made clear decisions for the final outcome. Leona and her team were there for me, working their wisdom to always provide greater clarity and support.”

Cheryl
Family Law Client

I would like to extend my sincere thanks to you for your exceptional guidance and support throughout my property settlement and divorce.

Your expertise, strategic thinking, and calm command of the process were deeply reassuring, especially during the most difficult moments. What stood out even more was your unwavering commitment to acting ethically and with integrity, even when the other side did not extend the same courtesy. That strength of character meant a great deal to me and helped me stay anchored in a process that was often emotionally and morally challenging.

Thank you for being both a skilled advocate and a steady presence. I’m deeply grateful to have had you in my corner.

Madeline
Property Law Client

I would like to say a truly heartfelt thank you for everything you did yesterday. You went above and beyond, not just in terms of the legal work, which was so thorough and professional but in the way you showed such care, calm and kindness throughout.

“This has been an incredibly emotional and complex chapter of my life, and to have someone like you guiding the final stages made all the difference. You were steady, thoughtful, and incredibly responsive. I felt genuinely supported and looked after!

Thank you for helping me bring this to a close with grace and dignity. I’m so grateful our paths crossed.”

Maddie
Family Law Client