When an estate dispute cannot be resolved by agreement, you need litigators who will run it properly. Contested will matters are heard in the Supreme Court of NSW and follow their own procedural framework, from affidavit evidence and subpoenas to expert medical evidence on capacity. We act for claimants and for executors defending an estate, from our offices in Newcastle, for clients across the Hunter and NSW.
How we help
We assess the claim hard, then run it firmly and efficiently. We:
- Give you a realistic view of prospects and costs before proceedings start.
- Bring or defend family provision claims and challenges to a will’s validity.
- Build the evidence, including medical records, attendance notes and expert evidence on capacity.
- Represent you at mediation, where most matters resolve, and at a final hearing if they do not.
Why clients choose Mullane Lindsay
This work brings together our litigation team, led by Director Kristy Nunn and Special Counsel David Collins, and our wills and estates team, led by Cavelle Lindsay and Special Counsel and NSW Law Society Accredited Specialist, Lesley McDonnell. Backed by the firm since 1976, we combine estate knowledge with genuine litigation strength, and we keep costs proportionate to the value of the estate.
What does contested will litigation involve?
Where a matter cannot be negotiated, it proceeds through the Supreme Court: the applicant files an originating application with affidavit evidence; the executor responds and defends the will; the parties exchange documents and may issue subpoenas for medical and financial records; expert medical evidence is obtained where capacity is in issue; the parties attend mediation; and, if it does not resolve, a judge decides at a final hearing. It can be lengthy and costly, so prospects and cost should be assessed at the outset.
