Estate Litigation

Resolving estate disputes.

Estate disputes can arise when there is uncertainty about a will, disagreements between beneficiaries, or claims against an estate.

These disputes can be stressful and emotionally charged, particularly during a time of grief. Estate litigation involves formally resolving these disagreements through negotiation, mediation, or court proceedings. With experienced legal guidance, disputes can be managed efficiently while protecting your interests.

What is estate litigation?

Estate litigation covers disputes over the validity of a will, interpretation of testamentary provisions, executor decisions, or distribution of assets. Disputes can arise when beneficiaries feel they have been unfairly treated or when claims are made by dependents or other parties.

The process can include informal negotiation, mediation, or litigation in court. Estate litigation aims to reach fair and legally enforceable outcomes, while minimising conflict and stress for those involved.

We’re here to help

Moore Lawyers has extensive experience guiding clients through estate disputes in accordance with Australian law. We provide practical advice on the strength of claims, likely outcomes, and potential strategies for resolution.

Our team can represent you in negotiations or court proceedings, ensuring your interests are protected. We work to resolve matters as efficiently as possible, helping reduce stress and providing clear guidance every step of the way.

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Frequently asked
questions

Who can make a claim in estate litigation?

Beneficiaries, dependents, or other interested parties may have a right to make a claim under legislation such as the Wills Act 1997 (Vic) or Inheritance Act 1975 (NSW). The eligibility and type of claim depend on the state or territory and the specific circumstances of the estate.

Can estate disputes be resolved without going to court?

Yes. Many disputes can be settled through negotiation or mediation, which can save time, reduce costs, and preserve relationships. Court action is typically used when informal resolution is unsuccessful.

How long does estate litigation take?

The timeframe varies depending on the complexity of the dispute and whether the matter proceeds to court. Some disputes are resolved in a few months, while others may take longer, especially if multiple parties or complex assets are involved.

How much does estate litigation cost?

The timeframe varies depending on the complexity of the dispute and whether the matter proceeds to court. Some disputes are resolved in a few months, while others may take longer, especially if multiple parties or complex assets are involved.