Estate Administration and Dispute Resolution
Estate Administration and Dispute Resolution
Estate Administration
Administering an estate involves significant legal and fiduciary responsibilities. Executors and administrators are required to properly identify estate assets, pay debts and liabilities, comply with legal obligations, and distribute the estate in accordance with the deceased's will or the laws of intestacy.
Estate Disputes
Unfortunately, disputes concerning deceased estates are increasingly common, particularly where blended families, informal promises, significant assets, family businesses, or questions regarding a person's capacity are involved.
We understand that estate disputes are often emotionally charged and can place significant strain on family relationships. Wherever possible, we seek to resolve matters through negotiation and alternative dispute resolution to minimise costs and preserve relationships. Where litigation is unavoidable, we provide strategic, commercially focused representation to protect our clients' interests throughout the court process.
Our litigation team acts for executors, administrators, beneficiaries, eligible claimants, trustees, and other interested parties in a broad range of contested estate matters before the Courts.
What We Help With
Applications
Assisting with applications for probate, applications for letters of administration and applications for judicial advice where executors or trustees require directions from the Supreme Court.
Advice
Providing detailed advice to executors and administrators regarding their legal duties and obligations.
Administration
Preparing estate accounts and distributions, administering complex estates involving trusts, businesses, or significant assets and collecting and realising estate assets.
Dispute Resolution
Acting for executors in defending claims against an estate or eligible persons seeking further provision from an estate, challenges to will validity and disputes concerning trusts and trustees.
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Military-Specific Considerations
Eligible Dependents
Military schemes apply their own tests for partners and dependent children. Separation without divorce, a relationship formed later in life, or a partner who lived apart during postings can all affect entitlement, and are a common source of dispute between family members.
DVA entitlements after death
Bereavement payments, the funeral benefit, arrears and compensation for dependants each follow different rules, and entitlements may exist that families are unaware of. From 1 July 2026, new claims are determined under the improved MRCA following the VETS Act, which can affect claims left undetermined when a veteran dies.
Claims on foot at the date of death
A TPD claim, DVA claim or appeal, medical negligence action or historical abuse claim may all be affected by a veteran's passing. Some entitlements pass to the estate or to dependants, while others can be lost entirely — so it is important to get advice quickly.
Medals, firearms and service items
Medals, honours and memorabilia often carry far greater sentimental than financial value, and are a frequent flashpoint between family members. Firearms held in an estate also carry strict licensing, storage and surrender obligations that an executor must meet.
Executors who are serving or posted away
An executor who is deployed, posted interstate or serving overseas may be unable to act when the estate needs attention. There are practical options available, including appointing an attorney to act on their behalf or stepping aside in favour of another person.
Serving Veterans Across Australia
When a veteran dies, several legal issues can arise at once. Eligibility for military dependents' benefits often triggers disputes, especially over separation, late-life relationships, or partners who lived apart. DVA entitlements — bereavement payments, funeral benefits, arrears and compensation — follow different rules, with new MRCA claim provisions from 1 July 2026.
Claims already in progress (TPD, DVA, negligence, abuse) may be affected by death, with entitlements sometimes lost. Medals, firearms and service items can cause family friction and carry legal obligations. Executors who are deployed or posted away have options, including appointing an attorney.
Reach out to our team for tailored advice on your situation.
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Our team is here to help you understand your options.