Wills & Estates Litigation
Left out of a Will, or defending an estate against a claim? We act in Family Provision claims and estate disputes across NSW.
Why it matters
These matters arrive at the hardest possible time, and the law does not wait. Knowing where you stand early gives you the most options.
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A Family Provision claim in NSW generally must be filed within 12 months of the date of death. Leave it too long and the right to claim can be lost.
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Only certain people can make a claim, including spouses, de facto partners, children and some dependants. We will tell you whether you qualify.
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Once an estate has been paid out, recovering a share becomes much harder. If you are thinking about a claim, act before that happens.
What we handle
Supreme Court of NSW
We act for people who have been left out of a Will or left without adequate provision, and for executors and beneficiaries defending an estate against a claim.
We have secured provision for widows and children who were left out of a Will. Most estate disputes resolve by negotiation or mediation, and we prepare each one so that you negotiate from a position of strength.
Family Provision claims
For claimants
Defending a claim
For executors and beneficiaries
Challenges to a Will
Capacity and undue influence
Estate disputes
Beneficiaries and executors
Mediation and settlement
Before and during proceedings
Past results are not a guarantee of the outcome in any other matter.
How it works
No gatekeepers and no jargon. Just a straight answer about where you stand and a clear plan for what happens next.
Call 02 4910 405401
Not a receptionist taking a message. Tell us what has happened and we will tell you, honestly, where you stand.
02
Court in three days? Police want an interview tomorrow? We act quickly, take charge of the situation and make sure nothing is missed.
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You will understand the strategy, the likely outcomes and what it will cost before we go any further. No surprises.
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We return every call and keep you informed at each step, in plain English, all the way through to the outcome.
★★★★★
Rated five stars by every client who has reviewed us on Google
Client reviews
“I contacted Cameron about 3 days before my court date for a matter I was very unorganised for and extremely worried about! Once I contacted Cameron he was outstanding… and took charge of the situation!”
Jack H.
“He took the time to explain the situation step by step, answering all of my questions promptly, giving me confidence with the process as like many I had never been in this situation before. Just a good honest bloke from the get go.”
Hayden T.
“His advice is concise, understandable and effective in assisting with your legal issues… If you are looking for a great lawyer and you’re reading this, you have found him.”
Craig A.
“Cameron represented a family member recently and managed to negotiate the best possible outcome. He was professional, prompt, confident and organised.”
Courtney K.
“Cameron Duncan provided an outstanding service with going above and beyond to a family member of mine that was facing extensive jail time!”
Cassandra
“Absolutely awesome experience with Cameron, got me the best possible outcome in court. Couldn’t recommend him more!”
Chelsea M.
Common questions
Every matter is different, so the best answer is a conversation. These are the questions we hear most often.
Who can contest a Will in NSW?
The law sets out who is eligible to make a Family Provision claim. It includes a spouse or de facto partner, children, former spouses and some people who were dependent on the deceased. We can tell you quickly whether you are eligible.
How long do I have to make a claim?
A Family Provision claim generally must be filed within 12 months of the date of death. The court can extend that time in limited circumstances, but you should not rely on it. Get advice early.
Will my matter go to court?
Most estate disputes settle before a final hearing, often at mediation. We prepare every matter properly so that you are in the strongest position to resolve it, and ready if it does not resolve.
I am an executor and someone has made a claim. What should I do?
Get advice before you respond or distribute any part of the estate. Executors have duties to the estate and to the beneficiaries, and early advice protects you as well as the estate.
How much will it cost?
It depends on the matter, which is why we explain the likely costs at the start, before any work begins. You will know where you stand financially from day one, with no surprises.
Talk to us today
The sooner you call, the more options you keep. Tell us what has happened and we will tell you, honestly, where you stand and what to do next.
Tell us briefly what has happened and we will get back to you. Everything you send is confidential.