Disputes over a loved one’s estate can be complex and emotionally charged. At Transitus Legal, we understand how difficult it can be to manage both the legal and personal aspects of these matters. Whether you're an executor navigating a claim or an eligible person seeking proper provision, our experienced Wills & Estates Disputes Team is here to support you with empathy, clarity, and strategic advice.
In New South Wales, certain individuals, referred to as 'eligible persons', may contest a will if they believe they’ve been unfairly left out or inadequately provided for. This is known as a Family Provision Application. The Court has the power to alter the distribution of an estate to ensure proper provision is made for someone with genuine need, even if they’ve already been named in the will, or not included at all.
We provide advice to both claimants and executors, offering comprehensive support and representation tailored to your unique circumstances. Our team regularly works with Sydney’s leading barristers, and we pride ourselves on providing strategic and comprehensive advice to our clients.
In some cases, a will can be challenged on the basis that the will-maker lacked testamentary capacity at the time of signing. "Testamentary capacity" refers to whether the will-maker had the knowledge, intent and understanding of the act of making the will.
A beneficiary who has previously been provided for in a will but has been left out of a later will may challenge the later will on the grounds of invalidity if they believe that the testator did not have testamentary capacity.
Questions of Testamentary capacity often arise in circumstances where the deceased has:
We assist clients in both challenging and defending the validity of a will, with a deep understanding of the emotional complexity these matters often involve.
At Transitus Legal, we are proud to offer Collaborative Practice as an alternative dispute resolution option for wills and estate matters. Our team is trained in this respectful, client-oriented process, which is designed to resolve disputes outside of court in a constructive, solution-focused environment.
Where appropriate, Collaborative Practice allows eligible persons and executors to work together with the help of legal professionals to find a resolution that meets everyone's needs, without damaging relationships or prolonging conflict.
We believe that not every family dispute needs to be resolved through litigation, and we are committed to offering thoughtful, less adversarial pathways to resolution whenever possible.
If you’re navigating a will dispute or considering making or defending a claim, we’re here to guide you with clarity, compassion, and strategic insight.
Contact the Wills & Estates Disputes team at Transitus Legal today.
