Will & Estate Disputes in Maitland & The Hunter Valley

Understanding estate disputes

Estate disputes arise when there is disagreement or uncertainty regarding the distribution of assets and liabilities after a person passes away. Common issues include:

  • Contesting a Will: Challenging the validity of a will based on grounds such as undue influence, lack of capacity, or improper execution.
  • Family Provision Claims: Seeking adequate provision from the deceased person’s estate if you believe you have not been adequately provided for in their will.
  • Executor Disputes: Disagreements or concerns regarding the actions or decisions of the executor responsible for administering the estate.
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Grounds for contesting a will

To contest a will in NSW, you must have standing (be an eligible person), and there must be valid grounds for contesting the will. Valid grounds can include:

  • The deceased lacked mental capacity when making the will.
  • The will was not properly executed or witnessed according to legal requirements.
  • The deceased was unduly influenced or coerced into making or changing the will.
  • The will does not adequately provide for eligible persons who were dependent on the deceased.

Family provision claims

Under the Succession Act 2006 (NSW), certain eligible persons may make a family provision claim if they believe they have not been adequately provided for in the deceased’s will or under intestacy rules. Eligible persons may include spouses, de facto partners, children (including stepchildren), and others who were dependent on the deceased.

Resolving estate disputes

Resolving estate disputes often involves negotiation, mediation, or court proceedings depending on the complexity and nature of the dispute. Our experienced estate dispute lawyers can assist you in:

  • Assessing the strength of your claim or defence.
  • Negotiating with other beneficiaries, executors, or trustees to achieve a fair resolution.
  • Representing you in court if litigation becomes necessary to protect your interests.

Seeking legal advice

Navigating estate disputes requires a thorough understanding of estate law and procedures. Seeking early legal advice can help you understand your rights, evaluate your options, and pursue the most effective course of action.

Contact us

If you are facing an estate dispute in NSW, our dedicated team is here to provide compassionate and expert legal guidance tailored to your specific needs. Contact us today to schedule a consultation and take the first step towards resolving your estate matter.

David Allen, Principal & Maitland Solicitor at Hills Solicitors
Daniel Allen, Maitland Solicitor at Hills Solicitors
David Allen, Principal & Maitland Solicitor at Hills Solicitors

Passionate, experienced solicitors Meet the team at Hills

Hills Solicitors first opened its doors in September of 1894 under the name T A Hill. We continued strengthening our roots in the Maitland Community and later became T A Hill & Son, when our founders son joined the family practice. We then made the change to Hills Solicitors.

We have had a total of 3 offices since those early days in 1894, all of which are a 50m walk from our current office.

Get in touch today to see how Hills can help

When you approach Hills Solicitors for any legal advice, we treat you like family. Our valuable clients are members of an evergrowing family that we wouldn’t be here without.
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Getting started

At Hills Solicitors, we take pride in our over 125 years of experience and adaptability. Our clients can trust that we will continuously evolve and tailor our services to their changing needs. Our longevity is a testament to our ability to embrace new technologies and create cost-effective solutions for all legal issues. With our extensive knowledge and innovative mindset, we confidently assure our clients that we will always strive to exceed their expectations. Trust us to handle your legal matters with a forward-thinking approach and an unwavering commitment to your success.

Step one Get to know each other

When you come to Hills for advice you are never just another client to us, you become part of our large family and it is vital we get to know you.

Step two Understanding your rights

The first step is to help you understand your rights and how you can approach the issues at hand.

Step three Determining your goals

The most important step is understanding exactly what you would like to see at the end of your matter.

Got questions? We’re here to help

The team at Hills are here to help with all of your legal needs, serving Maitland and the Hunter for over 125 years. With a forward-thinking approach, providing practical solutions, for an affordable price — We’re here to help you when you need us.

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