Wills & Estate Disputes

Wallmans Lawyers has a dedicated Estate Litigation team that deliver legal and commercial advice regarding deceased estates, whilst understanding this to be a difficult time for those affected by the death of a loved one.

Often, family members end up fighting over who should get what from a deceased estate. Whilst many people believe that a will cannot be challenged, family provision legislation in each State allows wills to be disputed where a family member believes they have not received a fair share of an estate. Additionally, wills can be challenged for invalidity, including  if there is a belief that the will maker did not have the mental capacity or was coerced. Claims can also be made against particular assets, including property where a person claims to have contributed to, or has been promised assets. 

If you are affected by a challenge to a will or an estate, or feel you haven't been considered fairly, you may not be aware of the best process to take. It is important to see a lawyer early as there are certain time limits for challenging wills. Additionally, a specialised inheritance lawyer will be able to assist you to understand all your options and maximise your chances of effectively bringing a claim or defending any challenge. 

Our team has significant experience in assisting executors and trustees administering estates that are the subject of a claim, supporting beneficiaries in defending claims, and advising individuals who may wish to bring a claim against the estate or assets of a family member/domestic partner. Our experience extends to guardianship and administration matters. We regularly appear in the South Australian Civil and Administrative Tribunal (SACAT), making or defending applications for the appointment of administrators and/or guardians.

One of our key team members, Sarah Hooper, has been recognised in Doyles Guide as a Leading Wills and Estates Litigation Lawyer and as a National Rising Star in Litigation and Dispute Resolution.

Our approach is to guide parties towards resolving their disputes in order to avoid what can be debilitating financial and emotional costs.

Protecting your estate

Our Estate Litigation lawyers work alongside our leading Wills and Estates Administration and Planning Team. We provide tailored advice and guidance to families, couples and individuals to assist them in protecting their assets, superannuation and estates from future claims.

Our Wills and Estate Dispute services:

• Contesting a Will
• Contesting Probate
• Family Provision Act Claims
• Superannuation and Insurance claims
• Deeds of Family Arrangements
• Defending Estate Claims 
• Applying for Grants of Probate and Letters of Administration 
• Capital Gains Tax Issues from sale and division of an estate
• Appointment of guardians and administrators under the Guardianship and Administration Act