Inheritance fights: why more people are contesting family wills
Legal disputes over wills have surged as rising property values and complex family dynamics fuel inheritance battles that can come at a hefty cost.
The number of people contesting wills has climbed dramatically as the size of estates increase, children become more knowledgeable and family situations more complex.
Family law firms are experiencing a significant jump in legal disputes over wills, and state-based claims data paint a similar picture.
In NSW between 2020 and 2024, there was a 60 per cent jump in contentious probate filings, or will disputes, from 291 to 464, while contested estate court cases in Queensland trebled in the same period.
Armstrong Legal national practice director Alun Hill said people were increasingly aware of their right to challenge wills, and other factors were at play, too.
“An increase in the value of the average estate, largely thanks to the continued rise in house prices, makes claims on estates more commercially viable,” he said.
Mr Hill said higher living costs were putting pressure on household finances, and more blended family dynamics that were “ripe for conflict” were also triggering more disputes.
He said people wanting to avoid a legal battle over their estate should seek specialist estate planning and legal advice, and also speak with their family.
“Hard conversations now can avoid tears and money later,” Mr Hill said.
Family members considering challenging a will should also seek professional advice – and document everything.
“Time is of the essence,” Mr Hill said. “Every jurisdiction has a limitation period in which someone can make a claim against the estate.”
Law firms say these include six months from grant of probate in Victoria, Western Australia, South Australia and the ACT, within nine months of death in Queensland, and within 12 months of death in NSW.
The costs to contest a will
It’s a costly exercise for all involved.
Mr Hill said legal costs could range from $30,000 to $150,000 “up to and including mediation”, depending on the type of claim.
Coote Family Lawyers head of estate planning Suzanne Jones said it generally cost $35,000-$40,000 to bring a claim and mediate it, while cases that go to trial could be between $120,000 and $200,000 for each party.
“Remember that a will does not have to be fair, but just has to make adequate provision,” she said.
“Don’t start a case because ‘it is the principle of the matter’ – check your chances of succeeding.
“Many people are still surprised that a will-maker does not have to treat their children equally, and are unaware that if a potential claimant has significant wealth, it is unlikely that the court will make further provision for them from the estate, as claims are primarily assessed on financial need.”
Ms Jones said in one recent case, a man was successful in getting a further $120,000 from his father’s estate, but his legal costs were $145,000 and the estate covered only $35,000 of that – leaving him with a $110,000 bill to pay from his $120,000.
There was no common rule about what represented “adequate provision”, Ms Jones said, adding that the factors considered by legislation included financial needs, other beneficiaries or competing claimants, relationships, and the size of the estate.
If children were estranged, it could be worth considering leaving something to them “if they are aware that they have a financial need”, she said.
“There is no way to make a will ironclad … eligible claimants will always have access to the court to bring a challenge – except if they are wealthy.”
Ms Jones said it could help prevent family legal fights for the will-maker to leave notes with their will to explain their wishes.
Michael Tiyce, principal at Tiyce & Lawyers Family Law Specialists, said the most important action was to make sure your will is valid.
“Many disputes arise simply because wills are outdated,” he said.
Mr Tiyce said it was important to think carefully about family relationships and who might have a right to claim, and to seek specialist estate planning advice to reduce the risk of a challenge.
“Another practical step is to consider distributing assets during your lifetime where possible, which significantly reduces the opportunity for disputes after death,” he said.
Mr Tiyce said more people now understood they might have grounds to contest a will if they felt they had been excluded, but they should never rely on friends for formal guidance.
Legal fights over wills are expected to continue growing strongly.
“People are living longer and often forming new relationships later in life, which can add to the complexity of estate planning, as can the sizes of estates,” Mr Tiyce said.
“With property values and superannuation balances growing significantly, there is more at stake, and that naturally encourages more disputes.”
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