Estates Disputes
Aptum acts for the families, executors and trustees whose matters sit at the complex end of the estates market, where substantial assets, sophisticated trust structures and generational family dynamics all shape the fight.
Estates disputes practice overview
Australia is now living through the largest intergenerational wealth transfer in its history. Trillions of dollars in family business equity, farming land, investment portfolios and superannuation are moving from the Baby Boomer generation to their heirs. Where the transfer was planned well, the transition is smooth. Where it was not, or where family dynamics never allowed for a clean plan, the result is litigation.
Aptum acts at the complex end of this market. Our work is not chasing a small share of a modest estate. It is:
- Family business and farming succession disputes where the entity that owns the business or the land is a discretionary trust and the next generation disagrees about control
- Testamentary trust challenges where a substantial estate has been structured to benefit some family members and exclude others
- Superannuation death benefit disputes over SMSFs and industry funds where the amount at stake justifies the fight
- Trustee and executor misconduct claims where the office-holder has failed to account, mismanaged trust assets, or acted for their own benefit
- Blended family estate disputes with significant assets where multiple households have competing claims
- Powers of attorney disputes and financial elder abuse recovery where an older Australian's assets have been misused
Where the matter is a simple contested will over a modest estate, we tell clients up front that a specialist wills-and-estates firm is a better fit. Where the matter is complex, that is the ground we operate on.
Where in the dispute are you?
Most people who land on this page know something has gone wrong with a trust, an estate or an older family member's affairs, but do not yet know which practice area their matter falls into. Use the router below to find the right starting point.
"I want to challenge how a will provides for me or my family."
Applications by eligible persons for further provision from a substantial estate. Start here: Family Provision Claims.
"I don't think the will itself is valid."
Challenges based on lack of testamentary capacity, undue influence, fraud, or improper execution. Start here: Challenging the Validity of a Will.
"The executor or trustee is not doing their job properly."
Applications to remove or replace an executor or trustee, force an accounting, or recover for breach of duty. Start here: Executor and Trustee Disputes.
"There's a dispute about probate or how the estate is being administered."
Caveats to probate, disputed grants, revocation of a grant, letters of administration disputes, intestacy priority disputes. Start here: Probate and Administration Disputes.
"I'm a beneficiary and I need information, distribution or a remedy."
Beneficiary rights to information and accounts, remedies against a trustee, disputes between beneficiaries. Start here: Beneficiary Disputes.
"The dispute is about a family trust, a family business, or significant estate assets."
Complex, high-value matters where multiple legal frames collide (trust, family law, corporate, tax). Start here: Complex Trust and Estate Asset Disputes.
"There's a dispute about a superannuation death benefit or SMSF payout."
Binding death benefit nomination challenges, trustee discretion, dependant status, SMSF-specific issues. Start here: Superannuation Death Benefit Disputes.
"Someone is misusing or has misused a power of attorney."
Enduring POA revocation, misuse of authority, financial abuse via POA, capacity questions. Start here: Powers of Attorney Disputes.
"An older family member's money or property has been taken or misused."
Financial elder abuse, unauthorised transfers, exploitation, recovery of misappropriated assets. Start here: Elder Abuse.
Not sure? Book a free value conversation. We sort the pathway question in the first meeting.
What Aptum brings to estates disputes
Michael Buscema
Michael Buscema spent 11 years with the ATO and Commonwealth Treasury, including as acting Assistant Commissioner, before joining Aptum as a practice lead. He acts for private wealthy groups and families in complex, high-value disputes, and has negotiated settlement and security arrangements totalling over $1 billion.
Estate disputes over substantial asset pools are rarely just about the will — trust structures, superannuation and tax consequences run through them, and Michael brings senior experience on exactly those fronts.
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's estates practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar, where much of his practice touched on trust structures, fiduciary breach and equitable remedies. He is listed in Best Lawyers in Australia for Commercial Litigation (2026) and recognised by Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
Estate matters are decided in equity, not common law
Equitable remedies (constructive trust, account of profits, tracing, injunctions restraining trustee conduct) sit in a different technical framework from common-law damages. Running these matters well means running them for the way the equity court decides, not the way a common-law damages court decides.
Family dynamics are always part of the case
No trust or estate matter is purely legal. The other parties are usually family: parents, siblings, spouses, children, blended-family relationships going back decades. Running the matter without accounting for the emotional and relational context often produces a legal win that leaves the family more broken than before. Our approach preserves the client's commercial interest without pouring accelerant on the family relationships.
Substantial estates almost always involve business, tax and financial dimensions
Aptum's cross-practice depth across Tax Litigation, Corporations Law and Financial Services and Securities Litigation means we run the estate matter with the commercial issues integrated, rather than handing off to specialists at every step.
What makes Aptum different
Specialist expertise
All we do is litigate complex commercial and tax disputes.
Legal intelligence framework
Practical, ongoing risk assessment to focus on the essential.
Project management framework
Routine documented strategy through custom project management.
What clients say
"The whole team from the top of Aptum Legal down to the support team have all been very professional and always gone above and beyond for me and my family. I will highly recommend them for future work with people in my network needing legal professionals."
"The result Aptum achieved for me was exceptional. I have no criticisms. I hope not to require Aptum's services again, but if I do, I would, without question, instruct them."
How an estate dispute actually moves
Most estate disputes follow a predictable shape. Knowing the shape helps you work out where you are, where you're heading, and what the right move is at each step.
Something goes wrong
A parent has died, and the will is a surprise. The executor is not distributing. The trustee has stopped providing accounts. A binding death benefit nomination is disputed. An older family member's bank accounts have been drained under a power of attorney. This is where every matter starts.
Time limits and standing
Family provision claims have short statutory windows (6 months in Victoria, 12 months in NSW, other states vary, all measured from the grant of probate). Trust and executor accountability claims have longer windows but the older the matter, the harder the evidence. Standing to sue is technical: not everyone can bring every claim. Getting the pathway right at this stage is the difference between a defensible position and a claim that dies before it starts.
Formal exchange
Letter of demand, notice to the executor or trustee, without-prejudice negotiation. Most estate matters resolve in this stage because families do not want to litigate against each other. The settlement leverage comes from a defensible pleaded case, not from wanting to settle.
Proceedings and mediation
Where the matter does not resolve informally, an application is filed in the state Supreme Court (in Victoria, usually the Trusts, Equity and Probate List). The court almost always orders mediation. Most estate matters settle at or shortly after mediation.
Hearing and orders
Where the matter does not resolve, it runs to hearing. Equity judges decide these matters on the evidence of the parties' conduct, the trust or estate records, and the relationships. Orders can include compensation, account of profits, constructive trust, removal of the executor or trustee, and (in family provision matters) further provision from the estate.
Running alongside all of this
Tax exposure of the estate, corporate and business succession dimensions, family law claims by separating heirs, and (where the estate is insolvent) creditor pressure are all common overlays that shape how the substantive matter runs. Aptum coordinates across these dimensions.
Our estate services
Family Provision Claims
Applications by eligible persons for further provision from a substantial estate under the family provision legislation in each state.
Challenging the Validity of a Will
Testamentary capacity, undue influence, fraud, improper execution, revocation. Different from family provision, which accepts the will exists but seeks provision under it.
Executor and Trustee Disputes
Removal of executors and trustees, passing of accounts, breach of duty, self-dealing, failure to distribute.
Probate and Administration Disputes
Grant applications, caveats to probate, revocation of grants, letters of administration, intestacy priority.
Beneficiary Disputes
Rights to information and accounts, remedies against trustees, disputes between beneficiaries, class distribution.
Complex Trust and Estate Asset Disputes
The high-value, multi-dimensional matters. Family business succession, farming succession, high-value trust structures with family law crossover.
Superannuation Death Benefit Disputes
Binding death benefit nomination challenges, trustee discretion, dependant status, SMSF-specific issues, insurance in super claims.
Powers of Attorney Disputes
Enduring POA disputes, revocation applications, misuse of authority, financial abuse via POA, capacity questions.
Elder Abuse
Financial elder abuse, unauthorised transfers, exploitation of older Australians, recovery of misappropriated assets.
An accomplished farmer has his property protected in a family trusts dispute
Problem. Our client was a farmer who had spent approximately 60 years prior to the dispute establishing and developing numerous farms that had grown to a combined value of more than AUD $15M.
The properties for these farms were held in a property trust, of which our client's son and his son's wife were named beneficiaries of the trust, as well as directors of the corporate trustee. Our client was named as a general beneficiary and a director of the corporate trustee.
When the farmer's son and the son's wife decided to separate, they became engaged in a family law dispute relating to the division of the trust property. The wife sought a 50% distribution from the trust on the basis that the husband and wife were entitled to 100% of the trust between them, ignoring our client's interest and significant contribution to the trust.
Aptum's role. Before Aptum was engaged, our client was effectively being ignored by the other parties to the divorce proceedings. Using specialist corporate trust experience, Aptum's role became to intervene in the proceedings on our client's behalf so he could protect his interest in the trust.
Outcome. A negotiated outcome to this matter was achieved prior to trial that properly recognised and protected our client's interest in the property.
This case study is the pattern that repeats across the Estates practice. Complex trust structures holding valuable assets, family relationships breaking down, multiple legal frames colliding. It sits inside our Complex Trust and Estate Asset Disputes service.
What's changing in Australian estate law right now
The estates disputes landscape shifts. Knowing what is changing helps you weigh up the options on your matter.
The intergenerational wealth transfer is producing more contested estates
Trillions of dollars are moving from Baby Boomers to their heirs. Where the transfer was well-planned, the transition is smooth. Where it wasn't, disputes are rising. The volume of contested estate matters in state Supreme Courts has grown substantially since 2020.
Blended families are producing more family provision claims
Second and third marriages, half-siblings, step-children, and long-term de facto partners all produce claim populations that were rare a generation ago. Every state's family provision legislation now grapples with the practical realities of blended families.
Superannuation death benefits are increasingly contested
SMSF balances have grown, industry fund balances have grown, and awareness of binding death benefit nominations has grown. Disputes over the trustee's discretion and the validity of nominations are becoming standard practice for large super balances.
Elder financial abuse recognition is expanding
Parliament, the courts and the community sector have all become significantly more attuned to financial elder abuse over the last five years. Recovery pathways under equity and under the various state-based enduring power of attorney statutes are more actively used.
The Aged Care Royal Commission response is still working through
The 2021 response to the Aged Care Royal Commission has flow-on effects on how older Australians' affairs are managed, which affects capacity, guardianship and POA disputes.
Frequently asked questions
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What is estate litigation?
Estate litigation is the legal process for resolving disputes about a deceased estate, a family trust, or the affairs of an older person under a power of attorney. It covers family provision claims, challenges to wills, executor and trustee disputes, beneficiary rights, complex trust matters, superannuation death benefits, powers of attorney, and financial elder abuse.
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What is the difference between contesting a will and making a family provision claim?
A challenge to a will's validity says the will should not stand (usually on grounds of testamentary capacity, undue influence, or suspicious circumstances). A family provision claim accepts the will is valid but asks the court to order further provision from the estate for an eligible person who has been inadequately provided for. Sometimes both are run together.
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Do I need a specialist estate lawyer or a general lawyer?
For routine wills and modest estates, a general wills-and-estates firm is usually the right fit. For substantial estates, family trusts, family businesses, farming succession, complex family structures, and matters that intersect with corporate or tax law, a specialist commercial-litigation firm with an estates practice is better positioned. Aptum's practice sits in the second category.
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What are the time limits for estate disputes?
Family provision claim windows are the strictest: 3 to 12 months from grant of probate depending on the state. Will validity challenges are best made by caveat before probate is granted, or by application to revoke probate afterwards. Trustee and executor claims have longer periods but the older the matter, the harder the evidence. Book a value conversation early rather than late.
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Do I need probate to be granted before I can dispute an estate?
No. In fact, some disputes (particularly caveats to probate and challenges to the will's validity) should be raised before probate is granted. Family provision claims typically run after probate. Trustee disputes run whenever the trust conduct is discovered.
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Which state's laws apply to my estate matter?
Generally, the laws of the state where the deceased was ordinarily resident at death. Where the deceased held property in more than one state, or overseas, the analysis is more technical. Aptum coordinates across jurisdictions where the matter requires it.
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What is a "value conversation"?
Aptum's engagement structure starts with a free, no-obligation first meeting. In the value conversation, you set out what has happened and what you want, and Aptum tells you whether the claim is realistic on your facts, what the time limits are, and what the pathway looks like. If it does not make commercial sense to run the matter, we say so.
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Does Aptum act for executors, beneficiaries, or both?
Both. Aptum acts for beneficiaries bringing claims, for executors and trustees defending them, and (in appropriate cases) for both sides at different times on different matters. On the estates side, the substantive law is the same regardless of which side you sit on.
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How much does an estate dispute cost?
Costs depend on the complexity, the value at stake, and how far the matter runs. Most matters settle at or before mediation, which limits costs significantly compared to a matter that goes to full trial. Aptum provides a scoped, phased engagement plan at the pathways assessment stage so you know what each phase will cost before you commit to it.
Thinking on estates disputes
Aptum's estates team publishes regularly on the substantive law that decides these matters.
The Aptum estates disputes team
Aptum's estates disputes practice is led by Nigel Evans, Managing Director and Co-Founder, a former barrister with 11 years at the commercial Victorian Bar and recognition in Best Lawyers in Australia for Commercial Litigation (2026) and Doyle's Guide as a Leading Commercial Litigation and Dispute Resolution Lawyer.
Nigel is supported by David Adason, Associate Director, whose commercial litigation career includes a period as Associate to a Justice of the Federal Court of Australia, and who is recognised by Doyle's Guide as a Rising Star in Commercial Litigation and Insolvency Law.
Get clarity on your estate matter
Trust and estate disputes are almost always time-critical. Family provision claim windows close 6 to 12 months after grant of probate. Trustee misconduct compounds while it goes unaddressed. Financial elder abuse continues while the family works out what to do. Business succession matters intersect with tax and corporate positions that shift.
In a free value conversation, Aptum's estates team will tell you whether the claim is realistic on your facts, what the time limits are, and what a commercial resolution looks like. No surprises.
Book your value conversation