Wills and Estate Litigation

Estate Litigation in Victoria and New South Wales

Estate litigation is a complex and sensitive area of law, often arising at any stage of the administration of a deceased estate—before a grant is made, during the executor's administration, or after distribution. Disputes can involve urgent court applications, strict procedural requirements, and intricate evidence about family relationships, financial dependency, and the intentions of the deceased.

Why Choose Sartori Legal Services for Estate Disputes in Australia?

• We act for clients worldwide in all matters relating to Victorian and NSW estates.
• Our team has deep expertise in Australian estate litigation, probate challenges, family provision claims, and executor disputes.
• We provide strategic advice and representation whether you are based in Australia or overseas.

Below, we outline the key types of estate litigation in Victoria and New South Wales, the principal remedies available, and the strategic tools (including probate caveats) used to protect interests in estates.

Estate Litigation Services in Victoria

Common Types of Estate Litigation (Victoria)

• Probate Disputes Victoria: Challenging the validity of a will due to lack of capacity, undue influence, fraud, or suspicious circumstances.
• Executor Disputes Victoria: Disputes over who should administer the estate or concerns about executor conduct.
• Family Provision Claims Victoria: Seeking further provision from an estate under Part IV of the Administration and Probate Act 1958 (Vic).
• Estate Property Disputes Victoria: Claims involving trusts, joint assets, superannuation death benefits, or equitable interests.
• Probate Caveats Victoria: Lodging caveats to prevent a grant of probate while a dispute is resolved.

Supreme Court Guidance & Remedies

• Directions to executors/administrators
• Orders for removal or substitution of executors
• Injunctions to protect estate assets
• Construction and rectification of wills
• Costs orders tailored to the circumstances

Part IV — Family Provision Claims

Part IV allows eligible applicants to seek further provision from an estate if adequate provision was not made for their proper maintenance and support. Eligible persons include:

• Spouses/domestic partners
• Former spouses (in some cases)
• Children (including adult children and stepchildren)
• Other dependants or household members meeting statutory criteria

The Court considers financial needs/resources, estate size/nature, competing claims, relationship history, and contributions.

Probate Caveats

A probate caveat prevents a grant from issuing while a dispute is investigated. Caveats are used where:

• The validity of a will is in question
• There are competing wills
• There is a dispute over who should apply for a grant

Caveats must be supported by genuine grounds and managed carefully to avoid adverse costs.

Estate Litigation Services in New South Wales

Key Areas of Estate Litigation (NSW)

• Probate Disputes NSW: Contesting the validity of wills on grounds such as capacity or undue influence.
• Executor Disputes NSW: Challenging executor appointments or conduct.
• Family Provision Claims NSW: Applications under the Succession Act 2006 (NSW) for further provision from an estate.
• Notional Estate Claims NSW: Expanding the pool of estate assets by including property transferred before death to defeat claims.
• Probate Caveats NSW: Preventing a grant of probate while investigating or contesting a will.

Family Provision Regime

NSW family provision claims are governed by the Succession Act 2006 (NSW). The regime is similar to Victoria's Part IV:

• Claimants must be eligible persons (spouses, children, former spouses in some cases, dependants/household members)
• The Court considers whether adequate provision has been made
• Orders may adjust distributions for maintenance, education or advancement

Notional Estate

A unique feature in NSW is the concept of notional estate:

• The Court can treat property not owned by the deceased at death as part of the estate if it was transferred away in certain circumstances.
• This prevents pre-death transactions or asset structures from defeating legitimate family provision claims.
• Notional estate claims require careful tracing of transactions and urgent evidence gathering.

Probate Caveats

NSW also provides for probate caveats to prevent a grant issuing while a dispute is investigated—mirroring Victorian practice.

How Sartori Legal Services Can Help

We act in estate disputes across Victoria and NSW, including:

• Urgent caveats and protective injunctions
• Probate challenges (capacity, undue influence, fraud)
• Executor disputes and removal applications
• Family provision claims (Vic Part IV & NSW Succession Act)
• Notional estate strategy in NSW
• Negotiated outcomes and mediation to reduce delay, cost and risk

If an estate dispute is emerging, early intervention is often decisive. Strategic use of caveats, targeted evidence gathering, and prompt protective orders can preserve assets and clarify rights before positions harden and costs escalate.

Looking to resolve an estate dispute in Victoria or New South Wales from anywhere in the world? Sartori Legal Services offers expert estate litigation services for clients across Australia and internationally. Whether you are an executor, beneficiary, or concerned family member, we can help you navigate complex probate disputes, family provision claims, and notional estate issues involving Victorian or NSW estates.

Estate Litigation Victoria & NSW — Global Service

International Clients — How We Help

• We represent clients based overseas with interests in Victorian or NSW estates.
• Our lawyer handles all aspects of cross-border estate disputes, including remote document execution, court appearances, and communication across time zones.
• We provide clear advice on Australian probate law and procedures for international beneficiaries and executors.
• We have access to all common videoconferencing tools.
• We can speak to you in English, French and Italian. There are also interpretation services available for a fee.
• We can facilitate electronic signing of all necessary documents.

Contact Sartori Legal Services to discuss probate disputes, family provision claims, executor conflicts, and urgent estate preservation steps in Victoria and New South Wales.

Frequently Asked Questions (FAQs)

Q: Can I challenge a will in Victoria or NSW if I live overseas?
A: Yes. You do not need to be in Australia to challenge a will or make a family provision claim regarding an estate in Victoria or New South Wales. We regularly assist international clients with all aspects of Australian estate litigation.

Q: What is a probate caveat?
A: A probate caveat is a formal notice lodged with the Supreme Court to prevent a grant of probate or administration from being issued until your dispute is resolved. This is a key protective tool in both Victoria and NSW.

Q: Who can make a family provision claim?
A: Eligible persons include spouses, de facto partners, children (including adult children), certain former spouses, dependents, and household members—subject to specific requirements in each state.

Q: What is a notional estate in NSW?
A: In NSW, the court can treat certain assets transferred out of the deceased's name before death as part of the estate for family provision claims. This prevents people from avoiding claims by moving assets before they die.

Q: How long do I have to make a claim?
A: Strict time limits apply (see checklist below). It is important to seek advice as soon as possible.

Probate Dispute vs Family Provision Claim — What's the Difference?

Probate Dispute:

• Focuses on whether the will is valid or who should administer the estate.
• Common grounds include lack of testamentary capacity, undue influence, fraud, or improper execution.
• May involve competing wills or disputes over executor appointments.
• Usually resolved before the estate is distributed.

Family Provision Claim:

• Does not challenge the validity of the will itself.
• Seeks further provision from the estate for eligible persons who believe they have not been adequately provided for.
• Decided under Part IV of the Administration and Probate Act 1958 (Vic) or the Succession Act 2006 (NSW).
• The court considers financial need, relationship with the deceased, and competing claims.

In summary:
A probate dispute is about whether the will stands or who controls the estate; a family provision claim is about how much you receive from the estate.

Time Limits & Early Steps Checklist (Victoria & NSW)

Early Steps Checklist:

• Seek legal advice promptly—time limits are strict.
• Gather key documents: copy of will(s), death certificate, correspondence.
• Identify your relationship to the deceased and any financial dependency.
• Consider lodging a caveat if there are concerns about validity or competing claims.
• Start collecting evidence (financial records, medical reports, communications).
• If overseas, ensure you have certified copies and can attend meetings remotely.