Expert representation in estate and trust disputes including family provision claims, will challenges, trust litigation, beneficiary disputes, and trustee disputes. We represent both claimants and defendants, executors and beneficiaries, trustees and beneficiaries, providing strategic advice and strong advocacy in estate and trust matters.
Practice Leader David Wilson - Accredited Specialist in Trust Disputes
David Wilson is one of only 90 solicitors in NSW (as at October 2025) among 43,620 NSW solicitors. He holds Accredited Specialist status and the STEP Advanced Certificates in Trust Disputes, plus certification in Contentious Trust Disputes. With over 25 years of experience, he provides specialist expertise in complex estate and trust disputes across NSW and Australia.
Strategic Approach to Estate & Trust Disputes
We aim to resolve estate and trust disputes through negotiation and mediation wherever possible, but provide strong court representation when necessary to protect your interests. Our experienced team understands the emotional and financial toll of disputes and works to achieve the best outcome efficiently.
Family Provision Claims
If you've been left out of a will or received inadequate provision, you may be eligible to make a family provision claim. We represent both claimants seeking provision and executors defending estates against claims.
Who Can Make a Family Provision Claim?
Under NSW law, the following people may be eligible:
- Current spouse or de facto partner
- Former spouse or de facto partner (in certain circumstances)
- Children of the deceased (including adopted and step-children)
- Persons who were wholly or partly dependent on the deceased
- Persons in a close personal relationship with the deceased
- Grandchildren who were dependent on the deceased
Trust Disputes & Litigation
Trust disputes are complex legal matters requiring specialist expertise. We handle all types of trust disputes involving testamentary trusts, family trusts, discretionary trusts, and other trust structures. Our Practice Leader David Wilson holds advanced qualifications specifically in trust disputes.
Common Trust Disputes We Handle:
- Breach of Trust Claims - When trustees fail to properly discharge their duties or act in breach of trust
- Trustee Removal and Replacement - Removing trustees who are unsuitable, conflicted, or acting improperly
- Trust Distribution Disputes - Disagreements over how trust assets should be distributed to beneficiaries
- Trustee Decision Challenges - Challenging improper or unreasonable trustee decisions
- Trust Interpretation - Resolving disputes about the meaning and interpretation of trust deeds
- Beneficiary vs Beneficiary Disputes - Conflicts between competing beneficiaries of the same trust
- Accounting and Disclosure Disputes - Compelling trustees to provide proper accounts and information
- Trustee Commission Disputes - Disputes over trustee fees and remuneration
- Trust Asset Disputes - Disagreements over trust property and investments
- Self-Managed Super Fund (SMSF) Trust Disputes - Disputes involving SMSF trustees and beneficiaries
Testamentary Trust Disputes
Testamentary trusts created under wills can give rise to unique disputes involving:
- Trustee discretion over distributions to beneficiaries
- Conflicts between life tenants and remaindermen
- Interpretation of trust provisions in the will
- Disputes over trustee investments and asset management
- Removal of trustees appointed under the will
Family Trust and Discretionary Trust Disputes
Family trusts and discretionary trusts often involve complex disputes over:
- Exercise of trustee discretion in making distributions
- Changes to trust appointor or controllers
- Family breakdown and relationship property issues
- Business succession and control of family trusts
- Variation or termination of trust arrangements
Breach of Trustee Duties
Trustees owe significant legal duties to beneficiaries. We represent beneficiaries in claims for breach of trust including:
- Failure to act in beneficiaries' best interests
- Conflicts of interest and self-dealing
- Improper investments or failure to invest
- Misappropriation or misapplication of trust assets
- Failure to keep proper accounts
- Failure to act impartially between beneficiaries
Trustee Removal Applications
We assist beneficiaries in removing trustees who are:
- Acting in breach of trust or their duties
- Unfit to act as trustee
- Refusing to act or incapable of acting
- In conflict with beneficiaries or other trustees
- Making the trust administration impractical or impossible
Defending Trustees
We also represent trustees defending claims, including:
- Defending breach of trust allegations
- Seeking Court directions on trust administration
- Obtaining judicial advice on difficult decisions
- Applications for Court approval of trustee actions
- Seeking protection from liability
Challenging the Validity of a Will
A will can be challenged on various grounds, including:
- Lack of Testamentary Capacity - The will-maker didn't understand what they were doing
- Undue Influence - Someone pressured the will-maker to make or change their will
- Fraud or Forgery - The will or signature is not genuine
- Improper Execution - The will wasn't signed or witnessed correctly
- Suspicious Circumstances - Unusual circumstances surrounding the will's creation
Executor and Beneficiary Disputes
We handle disputes between:
- Beneficiaries disagreeing about distribution
- Beneficiaries and executors over estate administration
- Co-executors who cannot agree on decisions
- Family members disputing ownership of assets
- Disputes over the interpretation of will provisions
Defending Estate Claims
If you're an executor facing a claim against the estate, we provide strong defense strategies including:
- Assessing the validity and strength of claims
- Gathering evidence to defend the estate
- Negotiating reasonable settlements where appropriate
- Vigorous court defense when necessary
- Protecting the interests of rightful beneficiaries
Time Limits for Estate Claims
Critical: Strict time limits apply to estate disputes:
- Family provision claims must be made within 12 months of death
- Extensions may be granted but are not guaranteed
- Will validity challenges have different time considerations
- Early legal advice is essential to protect your rights
Mediation and Alternative Dispute Resolution
Court proceedings can be expensive and emotionally draining. We prioritize resolution through:
- Direct negotiation between parties
- Formal mediation with experienced mediators
- Settlement conferences
- Without prejudice negotiations
These approaches often achieve better outcomes faster and with less cost than court proceedings.
Court Representation
When court action is necessary, we provide experienced representation in:
- Supreme Court of NSW
- District Court proceedings
- Appeals where appropriate
Costs in Estate Disputes
Estate litigation can be complex when it comes to costs:
- Sometimes costs are paid from the estate
- Unsuccessful claimants may have to pay costs
- We offer various fee arrangements including conditional fees
- We'll provide clear advice about costs risks from the start
Preventing Estate Disputes
The best dispute is one that never happens. We also advise on:
- Proper will drafting to minimize dispute risks
- Clear documentation of intentions
- Family agreements and deeds
- Strategies to protect estates from claims