Defend a deceased estate claim or Will challenge
We protect executors and beneficiaries from unwarranted estate claims.
You followed the will. You are doing what the deceased asked you to do. Now someone is challenging the estate and you are suddenly a defendant in legal proceedings at the same time as you are trying to administer the estate, support the family, and deal with your own grief. Family provision claims and will challenges are a reality in Australian estate law, and as executor you are the legal respondent whether you asked for this or not. Being a respondent does not mean you will lose. But it does mean you need to understand the process, your obligations, and how to defend the estate’s position effectively from the outset.
What is involved in defending a family provision claim?
When a family provision claim or will challenge is made against a deceased estate, the executor must respond on behalf of the estate and its beneficiaries. This involves assessing whether the claim has legal merit, gathering evidence about the will, the deceased’s capacity and intentions, and the circumstances of the claimant, and deciding whether to defend, negotiate, or settle. The executor has obligations to the estate — not simply to concede whatever is demanded, but also carries personal exposure if distributions are made prematurely or a claim is handled incorrectly.
What is a family provision claim and how does it affect the estate?
Can you defend a will challenge if the claimant has some eligibility?
Can estate funds be used to pay legal costs of defending a claim?
Is it possible to settle a family provision claim without going to court?
The estate is defended by lawyers who know which claims have merit and which are opportunistic.
Your exposure as executor is managed: we advise on the timing of distributions and the steps that protect your personal position.
The deceased's intentions are honoured. Rightful beneficiaries receive their proper share, not a reduced amount from an unnecessary settlement.
Facing a will challenge or estate claim?
Protecting the estate and the deceased's intentions
- We will assess the claim and advise on the strength of your defence.
- We will prepare a formal response and gather supporting evidence.
- We will develop a litigation strategy designed to protect the estate.
- We will represent you in mediation or court proceedings to resolve the claim.
Is this your situation?
You are an executor or beneficiary being challenged by a family member – perhaps someone who had limited contact with the deceased in recent years but has now appeared with a lawyer and a claim. The will was clear. The deceased’s intentions were not ambiguous. But now you are facing the prospect of defending those intentions in the Supreme Court, spending estate funds on litigation, and managing family fallout at the worst possible time. You may have already received formal legal correspondence. You may be feeling pressure to settle and make it go away. You do not know what a court would actually award, whether this claim has genuine legal merit, or what defending it properly involves – and you need to understand all of that before you respond to anything.
What's included in your estate defence service
- Claim analysis and defence strategy advice.
- Defence documentation and court filing.
- Evidence gathering and witness management.
- Mediation, negotiation, and court representation.
When the estate is challenged
Estate claims that are not properly defended tend to resolve in the claimant’s favour – not necessarily because the claimant was right, but because executors and beneficiaries who do not understand the process accept settlements they did not need to accept. Many executors negotiate directly with claimants without legal advice, without understanding what a court would actually award, and without a strategy for what happens if negotiations fail. That produces settlements that pay more than necessary and signals to others that challenging this estate works. Meanwhile the estate stays frozen, legal costs and delays accumulate, and the beneficiaries who were provided for continue to wait while the deceased’s clear intentions are gradually eroded.
How we defend the estate strategically
We assess the claim quickly and honestly, including which elements have genuine legal merit and which do not, so you understand the realistic range of outcomes before making any decisions. We prepare the estate’s formal response, gather evidence about the deceased’s intentions and the claimant’s actual circumstances, and manage the matter through mediation or court with a clear strategy from the beginning. Most well-managed family provision claims resolve in mediation – we pursue that path where it produces a fair outcome at reasonable cost. Where a claim lacks merit, we defend it. Either way, you are not navigating this alone, and the deceased’s wishes are properly represented throughout.
Protecting the estate and honouring the deceased's intentions.
Assess the claim
We analyse the will, the claimant's legal standing, and the strength of the challenge to build your defence strategy.
Prepare your defence
We prepare a formal response, gather supporting evidence, and present targeted legal arguments to protect the estate.
Resolve or litigate
We represent you in mediation or court to achieve a resolution that protects the estate and honours the deceased's wishes.
Experienced estate defence lawyers ready to protect the deceased's wishes.
We know how it feels to be doing the right thing by carrying out someone’s final wishes faithfully, and then find yourself being sued for it. Having family members challenge the will while questioning your integrity as executor, while you are still grieving, is one of the most demoralising situations in estate law.
Our litigation team has defended executors and beneficiaries against family provision claims across a wide range of estates and family circumstances. We know the law, we know the tactics that claimants use, and we know how to expose the weaknesses in an opportunistic claim without prolonging the dispute longer than is necessary to protect the estate.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
Facing a claim against the estate?
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