Trusts + Estates Litigation
Combining a specialty in achieving effective litigation outcomes with a deep appreciation of the impact of disputes on close relationships. Aptum runs the complex end of the trusts and estates market: significant estates, family business succession, and disputes where the assets and the personalities are both intricate.
How can Aptum help?
Aptum and its team has considerable experience in defending and leading a range of commercial trusts and estates disputes. We represent trustees, beneficiaries, executors, and claimants in matters involving:
- Family business and succession disputes, including challenges to discretionary and testamentary trust structures.
- Superannuation and insurance claims, particularly disputes over death benefit nominations and entitlements.
- Trustee-beneficiary disputes, including breach of fiduciary duty, failure to account, and mismanagement of trust assets.
- Trust property disputes, including applications for judicial advice and trust variations.
- Claims for breach of trust, negligence, or improper conduct by trustees or co-trustees.
Trusts often intersect with broader commercial and financial issues. Aptum applies deep expertise in financial service and securities, tax litigation, and corporations law to deliver strategic outcomes in trusts and estates matters.
Whether you're defending a trust structure, challenging a will, or seeking resolution in a fiduciary dispute, Aptum offers clear advice, litigation strategy, and a commitment to achieving the best possible result.
"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."
What is trusts and estates litigation?
Trusts and estates litigation is the resolution of disputes over how a person's assets, business interests, and family wealth are transferred and controlled — both during their life (through trust structures) and after their death (through wills, testamentary trusts and estate administration).
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 planned badly — or where the family dynamics never allowed for a clean plan — the result is litigation.
Aptum acts at the complex end of this market. Our work isn't chasing a small share of a modest estate. It's:
- Family business succession disputes where the entity that owns the business is a discretionary trust and the next generation disagrees about control
- Farming succession disputes where the land, the business, and family relationships all sit inside a single trust structure (the preserved case study below is exactly this pattern)
- 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 misconduct claims where the trustee has failed to account, mismanaged trust assets, or acted for their own benefit
- Deceased estate disputes with significant tax, corporate or business dimensions that require a legal team with commercial and tax practice depth alongside the estate law
Where a matter is a simple contested will over a modest estate, we tell clients honestly that a specialist wills-and-estates firm is a better fit. Where the matter is genuinely complex, that's the ground we operate on.
Where Aptum runs trusts and estates litigation
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Family provision claims (contesting a will).
Applications by eligible persons for further provision from a substantial estate under the family provision legislation in each state. State time limits are short (6 to 12 months from grant of probate depending on jurisdiction) and getting the strategy right at the outset matters. Aptum acts both for claimants seeking further provision and for executors defending the estate.
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02
Testamentary trust challenges.
Challenges to how a testamentary trust has been established, administered or varied. Testamentary trusts are increasingly common in substantial estates because of their tax and asset-protection advantages, but their complexity generates its own disputes about control, distribution and variation.
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Discretionary trust disputes.
Disputes over the exercise of the trustee's discretion, appointor and guardian roles, addition or removal of beneficiaries, and disputes between trustees and beneficiaries about how the trust is being run. Family discretionary trusts holding businesses or investment portfolios often produce these disputes when the family circumstances change.
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04
Trustee removal applications.
Applications to remove and replace a trustee where the trustee has breached the trust, has a conflict of interest, is incapacitated, or is otherwise not fit to continue. Run in the state Supreme Court.
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05
Executor removal and passing of accounts.
Applications to remove an executor or administrator where the estate is being mishandled, and applications requiring the executor to formally account for the estate administration. Where the executor is refusing to distribute or is otherwise obstructing beneficiaries, Aptum runs the intervention.
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Breach of trust and breach of fiduciary duty.
Claims against trustees for breach of trust, breach of fiduciary duty, failure to account, self-dealing, and improper distribution. Remedies include compensation, account of profits, constructive trust and (in some cases) the trustee's personal liability for the loss.
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Constructive trust claims.
Claims that a person holds property on constructive trust for the claimant — commonly in de facto separation cases, informal family arrangements where money was contributed on the understanding that a property or business interest would be shared, and cases of unjust enrichment.
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08
Superannuation death benefit disputes.
Disputes over the payment of superannuation death benefits, including challenges to binding death benefit nominations, disputes over whether a nomination is valid, disputes between claimants (spouse, de facto partner, adult children, dependants), and disputes with the trustee about how the trustee exercised its discretion. Substantial SMSFs and industry fund balances make these matters commercially significant.
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SMSF disputes.
Self-managed superannuation fund disputes over trustee decisions, member entitlements, and the fund's compliance with the SIS Act. Where the SMSF holds a family business or substantial property, disputes here often overlap with corporate and estate disputes.
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Life insurance beneficiary disputes.
Disputes over the payment of life insurance benefits, including where competing claimants exist, where the insured has changed nominations shortly before death, or where the insurer has refused to pay.
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Judicial advice and trust variation applications.
Applications by a trustee for judicial advice on how to exercise a power or discretion, and applications to vary a trust deed either by consent under the Trustee Act in each state or under the court's inherent jurisdiction.
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Family business succession disputes.
Where a family business is passing to the next generation and disputes arise over the ownership structure, the buy-out valuation, or the interaction between the estate and the business, Aptum runs the matter across the trust, corporate and estate dimensions in coordination.
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Farming succession disputes.
Family farming successions are a specific and recurring pattern — land held in trust, next generation working the farm on the promise of eventual transfer, and the promise not being honoured or contested by other family members. The preserved case study below is exactly this pattern.
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Blended family estate disputes.
Where the deceased leaves behind a spouse and children from a prior relationship, family provision claims by each side and disputes over the will's exercise of provision often collide. Aptum handles the complex, high-asset variant of these disputes.
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15
Deceased estate tax and corporate disputes.
Where the deceased was a director, shareholder or business owner and left behind ATO liabilities, unresolved directors duty claims, or shareholder disputes, the estate administration and the underlying commercial matters have to be run in coordination. Cross-refers to our Corporations Law and Directors Duty Disputes service, Tax Litigation service, and Shareholder and Partnership Disputes service.
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.
What stage is your matter at?
Where the matter sits determines which Aptum service is the right fit.
I want to contest a will or bring a family provision claim.
This is the right page. Aptum runs family provision claims against substantial estates. Time limits are short (6 to 12 months from grant of probate depending on your state).
I'm an executor being challenged, or I need advice on running the estate.
This is the right page. We act for executors defending the estate, seeking judicial advice on difficult decisions, and defending accounts.
I'm a beneficiary and the trustee is not administering the trust properly.
This is the right page. Breach of trust, failure to account, executor removal and trustee removal applications all sit here.
The dispute is over a superannuation death benefit or an SMSF.
This is the right page. Super death benefit and SMSF disputes are within Aptum's practice.
The estate has a substantial tax liability or an ATO dispute.
You may also need our Tax Litigation service or Objections to Tax Assessments service. Estate + ATO matters run in coordination.
The deceased was a director or business owner and the business is now in dispute.
You may also need our Corporations Law and Directors Duty Disputes service or Shareholder and Partnership Disputes service. Where the deceased's estate holds shares or was a business partner, the estate and the business dispute often need to run together.
The trust holds property in a broader property dispute.
Cross-refer to our Property Litigation service.
I'm not sure which category I'm in.
Book the value conversation below. We sort the pathway in the first meeting.
What Aptum brings to trusts and estates matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's trusts and 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.
David Adason
Nigel is supported by David Adason, Aptum's Associate Director. David has practised commercial litigation exclusively across his career, including a period as Associate to a Justice of the Federal Court of Australia. Doyle's Guide has recognised David as a Rising Star in Commercial Litigation and Insolvency Law. David architected Aptum's project management framework and runs the day-to-day conduct of trusts and estates matters, including matters where an estate insolvency or a trustee's personal insolvency intersect with the dispute.
That combination of Bar advocacy and commercial litigation depth is directly relevant to trust and estate matters — most of the meaningful ones sit in the equity jurisdiction of the state Supreme Courts.
Trusts and estates disputes are decided in equity
Equitable remedies (constructive trust, account of profits, tracing, injunctions restraining trustee conduct) sit in a different technical framework from common-law damages. Nigel's Bar experience in this area is where the case gets shaped for the way the equity judge will decide it.
Family dynamics are always part of the case
No trusts or estates 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.
The commercial and tax dimensions matter more in significant estates
Substantial estates almost always involve businesses, superannuation, foreign assets, and complex tax positions. Aptum's cross-practice depth (Corporations Law, Tax, FSL) means we run the estate matter with the commercial issues integrated, rather than needing to hand 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.
Recent matter outcomes
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01
An accomplished farmer has his property protected in a family trusts dispute
See the case study above. AUD $15M farm portfolio held in a property trust, protected in family law proceedings through Aptum's intervention on behalf of a client whose interest was being ignored by the other parties.
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02
A beneficiary protects their interest in a family estate
A dispute arose over the ownership and control of a significant rural property following the administration of an estate. Aptum distilled decades of historical and trust-related issues into a clear legal strategy and provided guidance through a highly sensitive dispute. Aptum helped protect the beneficiary's interests while working towards an outcome consistent with the deceased's wishes and the proper administration of the estate.
What happens when you engage Aptum
Aptum runs every matter under our project management framework, with clear expectations on timing, cost and scope from the first call. Before you pay us anything, you get a free value conversation so you know exactly where you stand. No surprises.
Value conversation (free)
You come in for a conversation, in person or over Teams, with the practice lead who would run your matter and your client experience coordinator. You tell us about the trust or the estate, who the parties are, what has happened, and what you're trying to achieve. We tell you whether the claim is realistic, what the time limits are (family provision claims in particular have short state-based windows), what the realistic outcomes are, and what to expect on cost, timing and scope if you engage us. Real expertise from a senior practitioner before you commit to anything, not a fake triage.
Pathways assessment
Once you engage, you receive a documented strategy and a cost forecast aligned to the stages of your matter. For trusts and estates matters that typically means confirming standing to sue, identifying the specific equitable or statutory claim, mapping the evidence needed (trust deed, board papers of a corporate trustee, tax returns, contemporaneous communications), and (where relevant) coordinating with the family law, tax or commercial teams that also need to be involved.
Execution
This is the phase for pleadings, discovery, mediation, and either settlement or trial. Trusts and estates matters have a particularly high settlement rate because most families prefer to resolve rather than run to trial — but the settlement leverage comes from a defensible pleaded case, not from wanting to settle. Routine documented strategy. Regular communications. A relentless focus on the essential issues.
How we manage cost
Trusts and estates disputes cover a wide cost range, from a discrete trustee removal application to a multi-year contested family provision claim over a complex estate. What we commit to is one of our five client service promises: clear expectations as to the timing, costs and scope of our engagement, and updating those expectations as early as possible if anything changes.
Value conversation.
A free conversation with the practice lead to work out whether the claim is realistic and what your options are before you commit any fees.
Estimate and scope.
Once engaged, you receive a documented strategy and a cost forecast aligned to the stages of your matter. Stage-based budgets, regular reporting, and any scope changes documented and agreed in writing.
Costs orders against the estate.
In many family provision matters and estate administration disputes, the court has power to order that costs be paid out of the estate. This can significantly change the commercial calculus for both claimants and executors. We discuss the costs orders position at the pathways assessment.
Investment mindset.
Aptum approaches every matter with an investment mindset: the most practical outcome in the shortest possible time, at the least possible cost, with the biggest possible return.
Frequently asked questions
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Can I contest a will in Australia?
Yes, in most circumstances. The most common pathway is a family provision claim under the family provision legislation in each state (in Victoria, Part IV of the Administration and Probate Act 1958), which allows an "eligible person" (spouse, de facto partner, child, some other dependants) to apply for further provision from the estate. Wills can also be challenged on grounds including lack of testamentary capacity, undue influence, lack of proper execution, or that the will was procured by fraud. Aptum runs both family provision claims and will validity challenges.
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How long do I have to contest a will?
State time limits vary. In Victoria, a family provision claim must be brought within 6 months of the grant of probate or letters of administration. In NSW the window is 12 months. Other states differ. The clock starts running from the grant, and out-of-time applications can be made in some circumstances but are contested. Aptum's guide to how long you have to contest a will in Australia sets out the state-by-state position.
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What is a family provision claim?
A family provision claim is a statutory application by an eligible person for further provision from a deceased estate on the basis that the will (or the intestacy rules if there is no will) did not make adequate provision for their proper maintenance, education and advancement in life. The court considers the size of the estate, the relationship between the claimant and the deceased, the financial position of the claimant, and competing claims from other beneficiaries.
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Can I remove an executor of a will?
Yes, where the executor is failing in their duties. Grounds for removal include failure to distribute the estate, misconduct, incapacity, conflict of interest, or unreasonable delay. Aptum's guide to what to do when an executor won't distribute the estate explains the pathway.
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Can I sue a trustee for breach of trust?
Yes. Trustees owe fiduciary duties to beneficiaries, including duties to act in the best interests of beneficiaries, avoid conflicts, not profit from their position, and account for the trust property. Breach exposes the trustee to compensation, account of profits, and (in some cases) personal liability. See Aptum's guide to suing a trustee for breach of fiduciary duty for the practical detail.
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What is a trustee's duty to account?
The duty to account is one of the core fiduciary duties. Trustees must keep proper records of trust income, expenses, and assets, and must produce those records on request to the beneficiaries. Failure to account is one of the most common grounds for a beneficiary claim against a trustee. See Aptum's guide to what happens when a trustee won't account.
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Can a testamentary trust be challenged after death?
Yes, testamentary trusts can be challenged on grounds including invalidity of the will that created them, breach of the trust by the trustee, and (in some cases) variation by consent or under the court's inherent jurisdiction. See Aptum's guide to challenging or varying a testamentary trust after death.
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What happens if the executor distributes the estate before all claims are resolved?
The executor can be personally liable to any claimant whose claim is later found to be valid, including creditors, family provision claimants, and the ATO. Executors are required by law to hold off distribution for a statutory period (typically 6 months in Victoria) and to give notice to potential creditors before distributing. See Aptum's guide to what happens if the executor distributes too early.
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Can the ATO pursue a deceased estate for unpaid tax debts?
Yes. The ATO can pursue the deceased's estate for unpaid tax, and the liability is capped at the value of the estate. Executors face personal liability if they distribute the estate before addressing outstanding ATO obligations. See Aptum's guide to ATO recovery against deceased estates.
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What happens when a business owner dies and the partners or shareholders disagree?
Death of a business owner often triggers disputes about control, buy-out valuation, and the interaction between the estate and the business. See Aptum's guide to what happens when a business owner dies and co-owners disagree for the practical framework.
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Are superannuation death benefits part of the estate?
Not automatically. Superannuation is held in trust by the fund and passes according to the fund's rules and any binding death benefit nomination — not automatically through the will. Disputes commonly arise where the nomination is invalid, where there is no nomination and the trustee has discretion, or where competing claimants (spouse, adult children, de facto partner) exist.
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Do I need a lawyer for a family provision claim or a trust dispute?
For anything with significant value at stake, yes. Time limits are strict, standing to sue is technical, the evidence needed is substantial, and settlement negotiations turn on the credibility of the pleaded case. Legal privilege over your strategy and options only attaches to your communications with a lawyer.
Offices
Aptum services trusts and estates litigation clients across Australia from three offices.
Thinking on trusts and estates litigation
Aptum publishes regularly on trusts and estates litigation, family provision claims, trustee duties, and the practical mechanics of substantial estate disputes.
Get clarity on your trusts or 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. Business succession matters intersect with tax and corporate positions that shift.
In a free value conversation, Aptum's trusts and 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.
Call (03) 7020 9230
Book your value conversation