Estate Lit­i­ga­tion sup­port when you need it most. At Swaab, we believe lit­i­ga­tion should always be the last resort, not the first option. How­ev­er, when estate dis­putes become unavoid­able, our expe­ri­enced team is here to guide you through the process with clar­i­ty and confidence.

We pro­vide prac­ti­cal, easy-to-under­stand advice tai­lored to your cir­cum­stances, help­ing you nav­i­gate com­plex estate lit­i­ga­tion dur­ing what is often a chal­leng­ing and emo­tion­al time.

We can help you deal with all aspects of chal­leng­ing a will, defend­ing a will, fam­i­ly pro­vi­sion claims or oth­er con­test­ed estate issues. We also help clients with con­test­ed mat­ters about estate admin­is­tra­tion or seek­ing the appoint­ment of an inde­pen­dent admin­is­tra­tor for the estate.

We have exten­sive knowl­edge in act­ing for plain­tiffs, ben­e­fi­cia­ries, execu­tors and admin­is­tra­tors in claims about:

  • fam­i­ly provision;
  • caveats on probate;
  • lack of tes­ta­men­tary capacity;
  • lack of knowl­edge and approval and sus­pi­cious circumstances;
  • undue influ­ence; and
  • appoint­ment of inde­pen­dent administrators.

As a mul­ti-dis­ci­pli­nary law firm, we can offer you a big advan­tage if you ever need our help with an estate lit­i­ga­tion mat­ter. We under­stand the inter­re­la­tion between estate lit­i­ga­tion and oth­er areas of law which could have a bear­ing on your case, includ­ing fam­i­ly law, prop­er­ty law, busi­ness law, com­mer­cial law and insol­ven­cy. The fact that we have great peo­ple work­ing in all these areas means that we can quick­ly involve oth­er experts in your case if we need to.

Get in touch

If you have any queries about a legal issue or wish to talk to someone about a legal matter please get in touch and we'll contact you promptly.

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Publications

Where is my mind? The rise of con­tentious pro­bate pro­ceed­ings sur­round­ing the issue of tes­ta­men­tary capacity

In New South Wales, fam­i­ly pro­vi­sion and con­tentious pro­bate claims under the Suc­ces­sion Act 2006 (NSW) are increas­ing­ly focused on…

Tips and traps for grant­i­ng life estates

Gen­er­al­ly speak­ing, a life estate gives full own­er­ship rights to the recip­i­ent, oth­er than the right for the recip­i­ent to pass…

Bal­anc­ing costs and claims in fam­i­ly pro­vi­sion applications

Costs are an impor­tant con­sid­er­a­tion in all legal pro­ceed­ings. Deceased estate lit­i­ga­tion, how­ev­er, often involves lit­i­gants with mod­est means, and…

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Give To Gain’ Inter­na­tion­al Wom­en’s Day 2026

When peo­ple, organ­i­sa­tions, and com­mu­ni­ties give gen­er­ous­ly, oppor­tu­ni­ties for women grow. Giv­ing isn’t sub­trac­tion, it’s inten­tion­al mul­ti­pli­ca­tion. Because when women…

Hap­py Lunar New Year 2026 – Wel­com­ing the Year of the Fire Horse

The Fire Horse (Bing Wu) is known for its bold ener­gy, charis­ma, speed, and trans­for­ma­tive spir­it, sym­bol­is­ing a peri­od of break­throughs…

Swaab cel­e­brates 45 years of legal ser­vice excellence

This year, Swaab proud­ly marks 45 years since our found­ing by the late Fredrick (Fred) Swaab an entre­pre­neur, men­tor, and leader…