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    We picked the most highly specialised and talented lawyers

    At Chamberlains, we operate one of Australia’s leading Wills & Estates practices, with nationally recognised experts ready to provide clear, practical advice. We work closely with accountants and financial advisers to deliver holistic solutions that protect your interests and achieve your goals.

    Angela
    Backhouse

    Director

    Ben Hatte

    Director

    Harold O’Brien

    Director

    Marissa Dimarco

    Director

    Mohamad
    Mourtada

    Senior Associate

    Breshna Abawi

    Associate

    Reina Katsumata

    Law Graduate

    Mia Topen

    Paralegal

    Our process

    01Initial Case Assessment

    We conduct a detailed review of the will, estate assets, financial circumstances, and surrounding background to assess the strength of your claim or defence. This early analysis provides clarity before any formal steps are taken.

    02Identifying Legal Grounds

    We determine whether grounds exist for a family provision claim, challenge to validity, or action against an executor. This includes assessing limitation periods and evidentiary requirements.

    03Strategic Planning

    We develop a structured approach tailored to your circumstances, considering negotiation, mediation, or litigation pathways.

    04Negotiation and Mediation

    Where appropriate, we pursue early resolution to reduce cost, delay, and emotional strain. Many disputes resolve effectively through structured mediation.

    05 Litigation and Court Advocacy

    If court proceedings become necessary, we represent you with thorough preparation and focused advocacy.

    Our services

    01 Family Provision Claims

    Eligibility and Entitlement Assessment

    We advise individuals who believe they have not been adequately provided for under a will. This includes assessing eligibility under relevant succession legislation, analysing the size and structure of the estate, reviewing competing beneficiary claims, and evaluating your financial circumstances and future needs.

    Preparing a Structured Claim

    Family provision applications require detailed and persuasive evidence. We prepare comprehensive submissions addressing financial dependency, health considerations, contributions to the deceased, lifestyle factors, and the moral obligation owed by the estate. Supporting documentation and expert material are coordinated carefully to strengthen your position.

    Defending Claims Against the Estate

    We also represent executors and beneficiaries responding to claims. Our role includes assessing legal exposure, preserving estate assets, analysing proportionality, and advising on structured settlement strategies where appropriate to minimise cost and disruption.

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    Testamentary Capacity Assessment

    A will may be challenged where concerns exist regarding the deceased’s mental capacity at the time of execution. We review medical records, solicitor files, witness accounts, and surrounding circumstances to determine whether a challenge is sustainable.

    Undue Influence and Fraud Allegations

    Where claims of coercion, manipulation, or fraudulent conduct arise, careful evidentiary analysis is essential. We prepare structured arguments supported by documentary evidence and witness testimony to establish or defend allegations.

    Defending Valid Wills

    We act for executors and beneficiaries defending properly executed wills. Through disciplined preparation and evidentiary clarity, we aim to uphold testamentary intentions and resolve challenges efficiently.

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    Advising Executors on Duties

    Executors carry fiduciary responsibilities to administer estates diligently and impartially. We provide structured guidance on compliance with statutory obligations, asset collection, distribution timing, and conflict management to minimise personal exposure.

    Addressing Allegations of Misconduct or Delay

    Where executors face claims of mismanagement, delay, or conflict of interest, we assess the factual and legal merits and advise on appropriate responses, including negotiated resolution where possible.

    Removal and Court Direction Applications

    In serious matters, we assist with applications seeking removal, replacement, or judicial directions. Our focus is on protecting estate integrity while ensuring lawful and orderly administration.

     

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    Structured Settlement Negotiations

    Estate disputes are frequently resolved through mediation. We prepare comprehensive position papers, financial analyses, and supporting material to strengthen negotiation outcomes and protect estate value.

    Cost and Risk Management

    Litigation can significantly reduce estate assets. We prioritise proportionate resolution strategies designed to limit legal costs, shorten dispute duration, and preserve family relationships where possible.

    Facilitated Communication

    Where relationships are strained, structured mediation processes can provide a constructive environment for resolution. We guide clients through these processes with clarity and strategic focus.

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    Comprehensive Case Preparation

    When proceedings are required, we manage pleadings, affidavits, discovery, expert reports, and evidentiary preparation with precision. Clear case theory and disciplined documentation underpin our litigation strategy.

    Focused Court Advocacy

    Our advocacy emphasises clarity, proportionality, and evidentiary strength. We present structured arguments aligned with statutory principles and established case law.

    Strategic Cost Oversight

    Throughout litigation, we provide realistic guidance on cost exposure and risk assessment to support informed decision-making at each stage.

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    Tracing and Recovering Estate Assets

    Where concerns arise regarding missing, transferred, or improperly distributed assets, we assist in reviewing financial records, tracing transactions, and pursuing recovery action where justified.

    Caveats and Protective Measures

    If there is risk of dissipation or premature distribution, we advise on lodging probate caveats and seeking urgent court orders to preserve estate property pending resolution.

    Rectification and Ancillary Applications

    Where drafting errors or administrative issues affect outcomes, we prepare rectification or ancillary court applications to restore clarity and protect intended beneficiaries.

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    Estate disputes are complex matters that combine legal principles with emotional dynamics and financial consequence. Without structured advice, disputes can escalate unnecessarily, eroding estate value and prolonging distress for families.

    Strategic and Realistic Guidance

    We begin by providing an honest assessment of your prospects. Clear advice about risk, cost, and likely outcomes enables informed decision-making from the outset. This disciplined approach avoids unnecessary escalation and ensures resources are deployed strategically.

    Resolution Where Possible

    While we prepare every matter thoroughly, we recognise that negotiated outcomes are often preferable. Mediation and structured settlement discussions can preserve estate value, reduce emotional strain, and bring closure more efficiently than extended litigation.

    Technical Expertise in Complex Claims

    Challenges involving testamentary capacity, undue influence, and fiduciary breach require detailed evidentiary preparation. We coordinate medical experts, forensic analysis, and financial evidence to ensure claims are presented or defended comprehensively.

    Firm Representation When Litigation Is Necessary

    If resolution cannot be achieved through negotiation, we act decisively. Court proceedings demand careful preparation and disciplined advocacy. We manage the process efficiently while protecting your legal and financial interests at every stage.

    Clarity During Uncertain Times

    Estate litigation often occurs during periods of grief and heightened emotion. We provide steady guidance, transparent communication, and structured legal support so you can make confident and informed decisions.

    With experienced representation and strategic planning, will disputes and estate litigation can be managed with clarity, control, and professionalism.

    Call us at 1300 676 823
    Email us at hello@chamberlains.com.au

     

    FAQ

    01Who can challenge a will?

    Eligibility depends on your relationship with the deceased and applicable succession legislation. Certain family members and dependants may have standing to bring a claim.

    Yes. Family provision claims and validity challenges are subject to limitation periods. Early advice is essential.

    No. Many matters resolve through negotiation or mediation before litigation becomes necessary.

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    Need legal support?

    Call or email us now

    1300 676 823

    hello@chamberlains.com.au