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Protect your estate from potential claims

We structure the estate now so the choices you made are the ones that survive you.

You have decided who should benefit from what you built, and you have probably decided who should not. Family provision legislation lets certain people ask a court to change that, and the bar for being eligible is lower than most people assume: a former partner, an adult child who has not spoken to you in years, someone you once supported financially. The claim is not that your will is defective. It is that you should have provided more. Nothing can make an estate challenge-proof, but the difference between an estate that has been structured against this and one that has not is very large.

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A candid read on your exposure

You find out who can realistically claim and how much is actually at risk, including the parts that cannot be protected.

Less of the estate on the table

Assets are held and nominated deliberately, so the pool available to satisfy a claim is smaller than it would otherwise be.

Your reasons in your own words

The court hears why you decided what you decided from a record you made at the time, not from someone else's account of you afterwards.

How can a Will be overridden?

Family provision legislation lets an eligible person apply to the court for a greater share of an estate than the will provides. It does not require any defect in the will; the question is whether adequate provision was made for that person given their circumstances. Which assets are available to satisfy a claim varies by state, and in some states assets that passed outside the estate can be clawed back into a notional estate, which is why the structuring matters as much as the drafting.

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Who can challenge my Will?

The eligible categories vary by state. They generally cover a spouse or domestic partner, children including financially independent adults, former spouses, and people who were substantially dependent on you. Being eligible is not the same as succeeding, but the eligibility bar is easy to clear, which is why the planning matters.

Can I structure assets so they are out of reach?

Partly, and it depends heavily on the state. Superannuation, some trust interests and jointly held property can sit outside the estate. In some states, though, assets that passed outside the will can be drawn back into a notional estate to satisfy an order.

Does leaving someone a small amount stop them claiming?

No. A token gift does not remove eligibility and does not prevent an application. What matters is whether adequate provision was made for that person’s circumstances. The size of the gift is judged against their needs rather than treated as a waiver.

Should I write down why I made these choices?

Yes, and the timing matters. A statement made at the time you give instructions carries weight a later reconstruction cannot, because it shows what you knew and intended then. We prepare it alongside the will rather than afterwards.

Worried your Will will be challenged?

We assess who can claim against your estate and structure the assets and the record to reduce what is exposed, before there is anything to argue about.

You get to decide. The law lets someone ask a court to decide differently

You have been deliberate about who benefits and who does not. Family provision legislation gives certain people a right to apply to a court for more than you left them, whatever your will says. Without planning aimed specifically at that risk, part of your estate can be redirected to exactly the person you decided against, and the people you did choose are the ones who have to sit through the litigation.

We will identify who is eligible to claim against your estate.
We will assess how strong each potential claim would be, and what is exposed.
We will advise on structuring that reduces the claimable estate.
We will document your reasons contemporaneously to support your choices.
We will prepare a will and supporting documents built around that strategy.

Is this your situation?

There is someone you have decided not to provide for, or not to provide for equally, and you have a reason. An estranged adult child, a former partner, someone you supported for years who you feel has had their share already. You are aware they may be entitled to ask a court to revisit it. What bothers you is less the money than the prospect of the people you did choose spending two years and a large part of the estate defending a decision you made deliberately, while the family fractures around it. You would rather take every step available now than leave them to argue it later.

What's included in your estate protection service

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Family provision exposure assessment.
Asset structuring and notional estate advice.
Will preparation with challenge-resistant provisions.
Superannuation and trust interest planning.
A contemporaneous record of your reasons.

Why these claims succeed

A family provision claim is not a claim that your will is invalid. It is a claim that you should have provided more, judged against the claimant’s circumstances and needs at the time of your death, and that is a much easier case to run. Eligibility is broader than people expect: financially independent adult children, former spouses and anyone who was substantially dependent on you can all qualify depending on the state.

The other surprise is reach. In some states assets that passed outside the will entirely can be pulled back into a notional estate to satisfy an order, which defeats the usual assumption that moving something into a trust or a joint name puts it beyond argument. Meanwhile the estate cannot be finalised, the beneficiaries wait, and the costs of both sides frequently come out of the money you were trying to direct.

How we reduce the exposure

We start with a candid assessment: who could bring a claim, how the court would likely view their circumstances, and how much of your estate would actually be exposed. Some of that you cannot change, and we will say so rather than sell you a structure that will not hold.

Where it can be reduced, we work on the assets and the record together. That can mean changing how something is held, dealing with superannuation and trust interests deliberately rather than by default, sizing gifts so a claim is less attractive to run, and documenting your reasons contemporaneously so a court hears them from you rather than from someone characterising you after the fact. We then draft the will and the supporting documents around that strategy, so the plan and the paperwork say the same thing.

Three steps to an estate that holds up

From an honest read of the risk to documents built around it.

Weigh the exposure

We identify who could claim, how a court would view their position, and how much of your estate is genuinely at risk.

Reshape what you can

We advise on how assets are held, on superannuation and trust interests, and on the steps that reduce the claimable pool.

Draft and record it

We prepare the will and supporting documents, along with a contemporaneous record of the reasons behind your choices.

Estate lawyers who plan for the claim before it exists

Knowing that a decision you made carefully can be reopened by someone you deliberately left out is genuinely confronting, and the frustration is reasonable. It is your money and your judgement about your own family.

We plan estates for people in exactly that position, and we also act in family provision claims once they are running, which is the more useful half of the experience: we know what a court actually weighs, which arguments survive contact with the financial evidence, and which structures hold up when they are tested. Two of our lawyers are full members of the Society of Trust and Estate Practitioners. We will give you a candid view of your exposure, including where it cannot be removed.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Expecting someone to contest it?

Tell us who you are worried about and how your assets are held. We will tell you how exposed the estate really is and what can be done about it now.

Speak to a lawyer 1300 654 590