We assist clients with all aspects of probate administration and handle disputes that may arise during the process. Our services cover obtaining grants of probate, administering estates, and resolving conflicts among beneficiaries. We aim to ensure the efficient and lawful distribution of assets while minimising potential disputes.

Overview

Probate administration involves the legal process of managing and distributing a deceased person’s estate according to their will or, in the absence of a will, intestacy laws. In Australia, this process is governed by state-specific legislation, such as the Succession Act 2006 in New South Wales or the Administration and Probate Act 1958 in Victoria. The process can be complex, involving tasks such as identifying and valuing assets, paying debts and taxes, and distributing the remaining estate to beneficiaries.

Probate litigation may arise when there are disputes over the validity of a will, claims for family provision, or disagreements about the interpretation of will provisions. These disputes can be emotionally charged and legally complex, often involving intricate family dynamics and substantial assets. The increasing prevalence of blended families and the rising value of estates, particularly due to property values, have contributed to a growing number of estate disputes in recent years.

Our approach

We take a compassionate yet pragmatic approach to probate matters. In administration cases, we guide executors through their duties, ensuring all legal requirements are met and the estate is administered efficiently. This includes preparing and filing necessary court documents, managing estate assets, and liaising with beneficiaries and creditors.

In litigation matters, we strive for early resolution where possible, often through mediation or negotiation. We recognise the emotional toll these disputes can take and aim to minimise conflict while robustly protecting our clients’ interests. When court proceedings are necessary, we provide strong representation, leveraging our deep understanding of succession law and court procedures.

Throughout both administration and litigation processes, we maintain clear communication with all parties involved, ensuring our clients are fully informed and empowered to make decisions. We also work closely with other professionals such as accountants and financial advisors to provide comprehensive estate management services.

Representative experience

• Successfully obtained a grant of probate for a complex estate involving international assets and multiple beneficiaries, efficiently managing the cross-border legal requirements.
• Represented an executor in Supreme Court proceedings defending a challenge to the validity of a will, resulting in the will being upheld and costs awarded in our client’s favour.
• Negotiated a favourable settlement in a family provision claim, balancing the needs of the claimant with the interests of other beneficiaries and avoiding costly litigation.
• Administered a high-value estate involving a family business, navigating complex tax implications and facilitating a smooth transition of business ownership to the next generation.
• Successfully contested a will on behalf of an estranged child, securing a substantial provision from the estate through mediation, avoiding the need for a court hearing.
• Advised trustees on the interpretation of complex trust provisions in a will, resolving potential disputes among beneficiaries and ensuring the proper administration of the trust.