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Dispute Resolution
From contested Wills to trust administration and beneficiary conflicts, we can help.
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Compassionate Approach
Your concerns are listened to and addressed by our estate litigation lawyers.
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Personalised Attention
We protect your interests with utmost care and attention.
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Efficient & Fair Resolutions
Whether it is negotiation, mediation, or court proceedings, we are prepared.
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Your Dedicated Advocate
Our estate litigation lawyers are well-versed in legal developments and strategies.
Contact us today for a consultation, and take the first step towards a fair and efficient resolution of your estate dispute.
Estate Law Services
Navigating the complexities of estate litigation requires a skilled and experienced dispute resolution expert who understands both the emotional and legal intricacies involved.
Our lawyers pay meticulous attention to detail and through their understanding of estate law we ensure that your case is handled with the highest level of professionalism. We recognise the sensitive nature of these disputes and are committed to providing clear communication and robust representation throughout the process. Don’t let the complexities of estate litigation overwhelm you.
Our aim is to provide strategic guidance and representation to protect your interests and resolve disputes efficiently.
Estate Litigation Lawyers in Tasmania*
Estate disputes can be complex, time-sensitive, and often personal. Whether you are contesting a will, seeking provision, or defending a claim, early advice is critical.
Terracall & Associates provides clear, strategic guidance across all aspects of estate litigation in Tasmania, with a focus on efficient, practical outcomes.
We regularly advise on:
- Testamentary capacity challenges
- Family provision claims (Testator Family Maintenance claims)
- Probate disputes
Contesting a Will: Testamentary Capacity
A will may be challenged if the deceased lacked capacity at the time it was made.
The governing test from Banks v Goodfellow (1870) LR 5 QB 549 requires that the will-maker:
- understand the nature and effect of a will;
- know the general extent of their assets;
- recognise those with a reasonable claim on their estate; and
- be free from any disorder of mind affecting decision-making.
These disputes are typically determined in the Supreme Court of Tasmania and often arise in probate or revocation proceedings.
They depend heavily on evidence, including:
- medical and expert evidence;
- lay observations of cognition and behaviour; and
- solicitor file records and execution circumstances.
A validly executed will carries a presumption of capacity, but this may be displaced where “suspicious circumstances” exist.
Family Provision Claims
Family provision claims are brought under the Testator’s Family Maintenance Act 1912 (Tas) where a will does not make adequate provision.
Applications must generally be filed within three months of probate in the Supreme Court of Tasmania.
The Court applies the test in Singer v Berghouse (No 2) (1994) 181 CLR 201:
- Has the applicant been left without adequate provision?
- If so, what provision should be made?
Relevant considerations include:
- the applicant’s financial position and needs;
- their relationship with the deceased;
- the size and structure of the estate;
- competing claims; and
- the deceased’s intentions or stated reasons.
These claims are highly fact-specific and require detailed supporting evidence.
Probate Disputes
Probate disputes concern the validity or administration of an estate and may involve:
- defective execution;
- undue influence, fraud, or duress; or
- competing claims to administer the estate.
If probate has not issued, a caveat may be lodged. If it has, an application can be made to revoke the grant.
Evidence may include:
- proof of non-compliance with formal requirements;
- suspicious circumstances;
- evidence of undue influence or fraud;
- medical or expert material; and
- solicitor and drafting records
Key Principles
Across all estate litigation matters:
- the standard of proof is the balance of probabilities;
- courts give weight to contemporaneous records, particularly medical and solicitor evidence;
- Banks v Goodfellow and Singer v Berghouse remain central authorities; and
- the law balances testamentary freedom with proper provision.
Practical, Strategic Advice
Estate litigation requires more than legal knowledge—it requires judgment, strategy, and careful management of risk.
We provide:
- clear advice tailored to your position;
- strong representation in negotiation, mediation, or litigation; and
- a focus on efficient, commercially sensible outcomes.
Speak to an Estate Litigation Lawyer
If you are considering contesting a will or responding to a claim, we can help you understand your options and next steps.
Contact our office for a confidential discussion.
We're just a phone call away
Your Dedicated Advocate
Our estate litigation lawyers are well-versed in legal developments and strategies.