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Disputes over a deceased estate don't just raise legal issues—they bring up personal, emotional ones. You might be left out of a will. Or suspect funds in a trust have been misused. Perhaps an executor's not doing their job. These matters are rarely straightforward.
Sultan Legal steps in with calm, NSW-based guidance to help you navigate what's next—with legal precision and personal understanding.
You need more than generic estate advice. These disputes involve complex rules, timelines, and family dynamics. At Sultan Legal:
Step 1: Challenging a Will
If you've been unfairly left out, we assess eligibility under the Succession Act. We prepare and file family provision claims, negotiate with executors, and, if needed, litigate in the NSW Supreme Court.
Step 2: Executor & Trustee Misconduct
Where there's delay, conflict, or mismanagement, we act to compel action or remove the executor or trustee. That includes breaches of fiduciary duty, failure to distribute, or misuse of funds.
Step 3: Defending the Estate
If you're an executor facing a claim, we guide you through your duties—responding to challenges, managing distributions, and complying with Court directions.
Step 4: Contested Probate & Intestacy
Disputes about capacity, undue influence, or informal wills? We represent clients in applications to grant or revoke probate. We also advise when there's no will at all.
Step 5: Trust Disputes
These often involve family trusts. We handle disputes about trust interpretation, beneficiary rights, or trustee decisions—under equity law and trust deed terms. Timing matters. Most family provision claims must be filed within 12 months of death.
Can I contest a will in NSW?
Yes—if you're an eligible person (child, spouse, former spouse, etc.) and believe the will didn't provide fairly for you. You usually have 12 months from the date of death.
What if the executor is doing nothing?
You can apply to the Court to remove or replace an executor. It's not automatic, but if they're causing delay or loss, the Court can step in.
Is it expensive to dispute a will?
It depends on the claim and whether it settles early. In some cases, costs are paid from the estate. We'll give you realistic estimates upfront.
What if there's no will at all?
The estate's distributed under intestacy rules. We help determine who's entitled and guide you through applying for Letters of Administration.
Can I dispute how a trust is managed?
Yes. If you're a beneficiary and believe the trustee has acted outside their powers or unfairly, you may have grounds for Court intervention.
If you're caught in an estate, trust or probate dispute, you don't need to navigate it alone. Sultan Legal offers legal clarity in difficult times—helping you assert your rights or carry out your duties.
Speak with us today for private, practical advice tailored to your situation.
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