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Claims that go to hearing when no settlement is reached.
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Litigated Wills & Estate Disputes | Penrith & Western Sydney Lawyers
Experienced estate litigation lawyers in your corner
Reviewed by Jacinta Watkins, Partner – Estate Planning and Deceased Estates. Last updated November 2026.
Penrith Office
Ground Floor, Suite 4 291/295 High St, Penrith NSW 2750
Mon-Fri, 9am-5pm
In person, phone or video consultations
Call: 1300 252 529 Get Directions
When Negotiation Isn’t Enough
Most estate disputes can be resolved through negotiation or mediation. But sometimes, agreement isn’t possible and the matter must proceed to court.
At ALA Law, our team has the knowledge and experience to represent clients in litigated Wills and estate disputes before the NSW Supreme Court. We act for both claimants and executors, ensuring your case is thoroughly prepared and strongly presented.
What Are Litigated Wills?
A Will dispute becomes litigated when:
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Mediation fails to achieve a settlement
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The validity of the Will is formally challenged in court
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The executor and beneficiaries cannot agree on how to distribute assets
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Complex financial or business structures are involved
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Multiple parties (children, spouses, dependants) lodge competing claims
Types of Litigated Estate Disputes We Handle
When a dispute can’t be resolved by agreement, our estate litigation lawyers can represent you in the NSW Supreme Court in matters including:
Validity Challenges
Challenges based on capacity, undue influence, fraud, or improper execution of the Will.
Executor & Trustee Disputes
Disputes where duties have not been properly carried out.
About deceased estates →Blended Families & Complex Assets
Claims involving blended families, business assets, or overseas property.
Appeals
Appeals against previous estate decisions.
Not sure where you stand?
Answer three quick questions to see whether you may have a claim and how urgent it is.
Try the claim checker →Time limits apply
In NSW, a Family Provision claim must generally be filed within 12 months of the date of death.
The Supreme Court can allow a late claim only in limited circumstances, and once estate assets are distributed your options can narrow. If you’re thinking about challenging a Will, or you’re an executor who has received a claim, get advice early.
Our Approach to Estate Litigation
Court proceedings can be stressful and expensive. Our role is to balance strong advocacy with practical advice, always looking for the best possible outcome.
When representing you, we will:
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Assess the strengths and weaknesses of your case
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Gather and present persuasive evidence, including financial and medical records
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Brief barristers and expert witnesses when needed
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Represent you at hearings in the NSW Supreme Court
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Keep you informed of your options at every stage
The Estate Litigation Process: Step by Step
Going to court can feel overwhelming. Here’s what typically happens in a litigated Will or estate dispute in NSW. Click each step to learn more.
Step 1 of 6
Initial advice & case assessment
We review the Will, the estate and your circumstances, explain the strengths and weaknesses of your case, and give you an estimate of likely costs. We also confirm any time limits that apply to you.
Good to know: Bring a copy of the Will (if you have one), the date of death and any letters you have received about the estate.
Step 2 of 6
Gathering evidence & negotiation
We collect the documents and evidence needed to support your position, such as financial and medical records, and put your case to the other parties. Many disputes are resolved at this stage without going to court.
Good to know: Keep a simple timeline of your relationship with the deceased and any support you provided or received.
Step 3 of 6
Starting court proceedings
If agreement isn’t reached, proceedings are filed in the Supreme Court of NSW, supported by sworn evidence (affidavits). The Court then sets a timetable for the parties to file their evidence.
Good to know: Family Provision claims generally need to be filed within 12 months of the date of death.
Step 4 of 6
Mediation
Most estate disputes in the Supreme Court are referred to mediation before a hearing. An independent mediator helps the parties work towards an agreement, and many matters settle at this point.
Good to know: Mediation is confidential, and settlement can still happen at any stage before the hearing.
Step 5 of 6
Final hearing
If the matter doesn’t settle, it proceeds to a hearing before a judge. We brief barristers and expert witnesses where needed and present your evidence and arguments to the Court.
Good to know: In most cases your lawyer and barrister appear for you, but you may need to give evidence.
Step 6 of 6
Judgment & costs
The Court decides the claim and makes orders about how the estate is to be distributed and who pays the legal costs. Depending on the outcome, some costs may be paid from the estate.
Good to know: We explain the judgment, your options and any next steps, including whether an appeal is worth considering.
Why Choose ALA Law for Estate Litigation?
Dedicated Wills & Estates team
in Penrith and across Western Sydney
Courtroom experience
with litigated matters in the NSW Supreme Court
Practical guidance
to help clients understand costs, risks, and outcomes
Tailored strategies
for complex estates involving businesses, trusts, or blended families
Could I Have a Claim? Check in 60 Seconds
Answer a few quick questions to get a general sense of your options. It takes less than a minute, and nothing you select is saved or sent to us.
Question 1 of 3
This checker provides general information only and is not legal advice. Every estate is different. Please speak with our team about your circumstances.
Estate Litigation FAQs
How long does estate litigation take?
Litigated Will disputes can take anywhere from several months to over a year, depending on the complexity of the estate and the number of parties involved.
How much does it cost to litigate a Will?
Litigation costs are higher than negotiation or mediation. Some costs may be paid out of the estate, but this depends on the outcome and the court’s decision.
Can I still settle once proceedings have started?
Yes. Many matters settle even after court proceedings have begun. Mediation can occur at any stage before the hearing.
What happens if the Will is declared invalid?
If the Will is declared invalid, the estate may be distributed under a previous valid Will or, if none exists, under the rules of intestacy.
Do I need to attend court personally?
In most cases, your lawyer and barrister will appear for you, though you may be required to attend mediation or give evidence if the case goes to hearing.
Where to from here?
If you’re involved in an estate dispute that hasn’t been resolved, or you’re an executor who has received a claim against an estate, we’re here to help. Contact us to schedule a confidential consultation, or use our claim checker to get a general sense of your options first.
Before your appointment, we will provide you with an information form to complete. This will help you gather the necessary details and ensure we can provide advice based on your circumstances.
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