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What is an inheritance dispute?
An inheritance dispute arises when there's disagreement about how a deceased person's estate should be distributed.
This can happen when someone believes they haven't been adequately provided for in a Will, when family members disagree about the distribution of assets, or when there are concerns about the validity of a Will itself.
Inheritance disputes can be emotionally challenging, particularly when they involve close family members. Understanding your rights early can help you make informed decisions about the next steps.
Common causes of inheritance disputes
Inheritance disputes can arise for many reasons, including:
- a Will that no longer reflects the deceased person's circumstances or wishes
- concerns that an eligible family member has not been adequately provided for
- disagreements between family members about the distribution of assets
- questions about whether the deceased understood the Will when it was signed
- concerns that someone exerted undue influence over the deceased
- disputes about the value or management of estate assets
Who can contest a Will?
The people who can contest a Will vary between states and territories, but generally include:
- spouses and de facto partners
- former spouses in some circumstances
- children, including adopted children
- stepchildren in certain situations
- other people who were financially dependent on the deceased
Our inheritance dispute lawyers can assess your circumstances and explain whether you may be eligible to make a claim.
Grounds for challenging a Will
A Will may be challenged on several legal grounds, including:
- Lack of testamentary capacity: where the deceased did not have the mental capacity to understand the Will when it was made.
- Lack of knowledge and approval: where the deceased did not know or approve the contents of the Will.
- Undue influence: where the deceased was pressured or manipulated into making the Will.
- Fraud: where the deceased is deceived into making a Will in someone’s favour.
- Forgery: where the Will is not genuine.
- Improper execution: where legal requirements for creating a valid Will were not met.
Every situation is unique. Our team can help determine whether you have grounds to challenge a will and what options may be available.
What to do before making a claim
Before contesting a Will or estate distribution, it's important to get legal advice as early as possible. Our lawyers can help you:
- understand your legal rights
- assess the strength of your claim
- review relevant documents, including the Will
- identify the evidence that may support your case
- understand important deadlines that may apply
Taking action early can help protect your position and avoid unnecessary delays.
Any questions? Check out our FAQs.
The process of contesting a Will
While every matter is different, the process typically involves:
- reviewing the circumstances of the estate and your potential claim
- gathering relevant documents and evidence
- attempting to resolve the dispute through negotiation or mediation
- commencing court proceedings if a resolution cannot be reached
Many inheritance disputes are resolved without the need for a trial. Our lawyers will work to achieve the best outcome as efficiently as possible while keeping you informed throughout the process.
Time limits for inheritance disputes
Strict time limits apply to inheritance disputes and family provision claims, and these deadlines vary between states and territories.
If you think you may have grounds to contest a Will, it's important to seek advice as soon as possible. Missing a deadline may affect your ability to bring a claim.
What happens if a claim succeeds?
If an inheritance dispute is successful, a court may:
- alter the distribution of the estate
- award part of the estate to an eligible claimant
- declare a Will invalid
- order that the estate be distributed according to a previous valid Will or applicable intestacy laws
The outcome will depend on the circumstances of the case and the type of claim being made.
How Maurice Blackburn can help
Inheritance disputes can be complex, especially during an already difficult time. Our experienced lawyers will explain your rights in plain language, work with you to secure fair provision from an estate, and do everything we can to achieve the best possible outcome.
We've represented Australian families for decades, with 98% of cases resolving out of court. Your first consultation is obligation-free, and eligible clients can access our No Win, No Fee arrangements.
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Frequently asked questions about inheritance disputes
The cost of contesting a Will depends on the complexity of the matter and how it is resolved. In many cases, we can act on a No Win, No Fee basis. We will explain any potential costs and funding arrangements clearly before your matter proceeds.
Court proceedings aren't always necessary. Many inheritance disputes can be resolved through negotiation or mediation. Where possible, we help families reach practical resolutions without the time, cost, and emotional strain of extended litigation.
The likelihood of success depends on factors such as your relationship with the deceased, the size of the estate, the available evidence, and the legal basis of your claim.
Our lawyers can assess your circumstances and provide practical advice about your prospects of success.
In some circumstances, yes. However, strict deadlines may apply, and claims can become more complicated once probate has been granted. Seeking legal advice as early as possible can help preserve your options.
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Meet our inheritance dispute lawyers
Inheritance disputes often arise when families are grieving, and relationships are under strain. You don't have to navigate the process alone.
Our experienced inheritance dispute lawyers are committed to helping clients understand their rights, resolve disputes, and move forward with confidence. We'll take the time to listen, explain your options clearly and support you every step of the way.
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Elisha Edwin
Senior Associate, State Litigation Leader, Wills and estates
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Sydney, NSW
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(07) 3016 0371
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Josh Mennen
Principal Lawyer, National Head of Personal Legal Services, Superannuation, Insurance, Wills and estates
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Brisbane, QLD
Ipswich, QLD
North Lakes, QLD
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(07) 3016 0300
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We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.