Estate Litigation

Estates litigation is where family history, money, and legal rules collide — usually at the worst possible time. Even a carefully prepared Will can end up disputed, while a poorly prepared one can unravel an estate entirely. These matters are rarely just legal problems; they are personal, emotional, and often urgent.

Hunt & Hunt acts for executors, administrators, trustees, beneficiaries, and families in contested estate matters across Australia. We combine deep private client expertise with strong litigation capability, allowing us to manage disputes strategically, proportionately, and with a clear focus on outcomes.

Contesting a Will

Contesting a Will can involve different types of claims, and the distinction is critical. Some disputes challenge whether a Will is fair and adequate. Others challenge whether the Will should stand at all. We help clients identify the correct type of claim, assess prospects early, and move decisively.

Family provision claims

Family provision claims arise where a Will, or an intestate estate, fails to make proper provision for an eligible person. Eligibility and legal tests vary between states, and time limits are often strict.

We advise on:

eligibility to bring a claim and realistic prospects of success
urgent steps to preserve estate assets
valuation of estate assets, including hidden or disputed assets
negotiation and mediation strategy
court proceedings where resolution cannot be reached

Challenging the validity of a Will

A Will may be challenged where there are serious concerns about how it was made. These disputes are complex, evidence-driven, and often require early action.

Common grounds include:

lack of testamentary capacity
undue influence or coercion
suspicious circumstances surrounding execution
fraud or forgery
failure to comply with formal execution requirements
competing or later Wills

We assist with early investigations, preservation of evidence, and strategic advice on whether and how a challenge should proceed.

Construction, interpretation and rectification

Not all estate disputes involve changing who benefits. Some turn on what the Will actually means.

We advise on:

interpretation and construction disputes
rectification of drafting errors where permitted by law
informal Will claims where legislation allows

Defending a Will

Defending a Will is often about protecting the estate from unnecessary erosion while ensuring the deceased’s wishes are respected. Executors and beneficiaries face real personal and financial risks if disputes are mishandled.

We assist with:

responding quickly to threatened or commenced claims
defending family provision applications
defending challenges to testamentary capacity or validity
protecting executors from personal liability
managing multi-party and high-conflict disputes

Executor, trustee and administration disputes

Many estate disputes arise from how an estate is administered rather than from the Will itself.

We advise on:

executor and trustee duties and obligations
applications to remove or replace executors or trustees
disputes over delay, disclosure, or accounting
estates involving trusts, companies, and family businesses
interstate and multi-jurisdictional estates

State-based laws

Wills and estates are governed by state and territory legislation, and the rules change across borders. Eligibility to claim, legal tests, and time limits can differ significantly depending on where probate is granted and where assets are located.

We provide clear, jurisdiction-specific advice across Australia, including where estates involve assets or family members in multiple states.

Our approach

Estate disputes require a careful balance of empathy and discipline. Our focus is on resolving matters efficiently where possible, and litigating decisively where necessary.