Collaborative Contested Estates
Resolve a Will dispute or family provision claim without going to court.
When someone feels left out of a Will, or the family cannot agree on an estate, court can feel like the only option. It isn’t. Collaborative law lets everyone negotiate privately, with their own trained lawyer, and keeps the estate’s money for the family rather than legal fees.
Reviewed by Jacinta Watkins, Wills and Estates Partner, collaboratively trained lawyer and AACP member. 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
Disputes we can help resolve collaboratively
- Family provision claims, where someone believes they were not adequately provided for
- Will challenges, such as questions about capacity, undue influence or an informal Will
- Executor disputes, including disagreements between co-executors or concerns about how an estate is being run
- Disputes over specific assets, such as the family home, a farm or a business
We can act for a person making a claim, or for an executor or beneficiary responding to one.
Don't miss the time limit
In NSW, a family provision claim must generally be made within 12 months of the date of death. The court allows a late claim only in limited circumstances. Starting a collaborative process does not stop the clock, so speak to us early. We will make sure your rights are protected while you negotiate.
Why resolve an estate dispute collaboratively?
Protect the estate
Legal costs in estate disputes are often paid out of the estate. The less spent on lawyers, the more is left for the family.
Keep it private
Family history and finances stay out of a public courtroom.
Preserve relationships
Siblings, step-parents and grandchildren can stay connected after it is over.
Find creative solutions
You can agree on outcomes a court may not order, such as who keeps a treasured item or how a property is shared.
Reach a resolution sooner
Meetings are scheduled around you, not a court timetable.
How it works
Meet your collaborative estates lawyer
Jacinta Watkins, Wills and Estates Partner. Jacinta is a collaboratively trained lawyer and an AACP member. She helps families resolve estate disputes with dignity, respect and a focus on practical outcomes.
Jacinta Watkins
Partner
Estate Planning and Deceased Estate
Collaborative Professional
Jacinta leads our wills and estates work, from estate planning and powers of attorney to probate and deceased estates.
Frequently asked questions
Can I contest a Will without going to court?
Often, yes. Many estate disputes can be settled by agreement. Collaborative law gives everyone a structured way to get there.
What if the executor won't agree to a collaborative process?
We can still try other options, such as negotiation or mediation, and court proceedings remain available if needed.
Who pays the legal costs?
It depends on the dispute and what is agreed. We’ll explain the likely costs and who may bear them at the start.
What if we don't reach agreement?
The collaborative lawyers withdraw and you can take the matter to court with new lawyers. Anything learned in the process still helps you understand the issues.
Facing an estate dispute?
Book a confidential conversation with Jacinta to understand your options and your time limits.
Related pages
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