Estate Litigation Lawyers Sydney
Aptum runs substantial estate, trust and succession disputes in the Supreme Court of NSW. Family provision claims, will validity challenges, trustee and executor disputes, and complex family trust matters, from Level 1, 60 Martin Place.
Estate litigation in Sydney
Aptum's Sydney estates practice acts in contested estates where the assets are substantial and the outcome matters: family provision claims on large estates, will validity challenges, executor and trustee disputes, and family trust matters where a business or farming property is at stake.
New South Wales has features that shape estate disputes in ways other states do not. A family provision claim must be brought within 12 months of the date of death. NSW is also the only state with notional estate provisions under the Succession Act 2006, which can bring assets back into the estate pool even after they have been transferred out. Both features reward early, well-planned action.
We act for claimants and for executors and trustees defending claims. Our estates services page has the full catalogue.
Estates litigation practice areas
Family Provision Claims
bringing and defending claims on substantial estates
Learn moreChallenging the Validity of a Will
capacity, undue influence, fraud, improper execution
Learn moreExecutor and Trustee Disputes
removal applications, breach of duty, deadlock
Learn moreProbate and Administration Disputes
contested probate, caveats, administration disputes
Learn moreBeneficiary Disputes
enforcing beneficiary rights and entitlements
Learn moreComplex Trust and Estate Asset Disputes
family trusts, business assets, farming property
Learn moreSuperannuation Death Benefit Disputes
death benefit claims and trustee decisions
Learn morePowers of Attorney Disputes
misuse of powers, recovery of assets
Learn moreElder Abuse
financial abuse claims and asset recovery
Learn moreSydney courts where Aptum appears
Aptum's Sydney estates team appears regularly in:
- Supreme Court of New South Wales, Equity Division, Family Provision List. family provision claims under the Succession Act 2006, including notional estate applications
- Supreme Court of New South Wales, Equity Division, Probate List. contested probate, will validity challenges, executor and administration disputes
- Federal Court of Australia, Sydney Registry. superannuation death benefit matters and cross-jurisdictional trust disputes where the forum requires it
What Aptum brings to Sydney estate matters
Nigel Evans
Nigel Evans, Aptum's Managing Director and Co-Founder, leads Aptum's estates litigation practice. Before founding Aptum, Nigel spent 11 years at the commercial Victorian Bar. 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.
How Aptum runs a matter
Value conversation
A free, no-obligation first meeting where you set out the matter and Aptum tells you whether the claim is realistic on your facts, what the time limits are, and what the pathway looks like.
Pathways assessment
A costed engagement plan with stage-based budgets and a documented strategy aligned to the stages of your matter.
Execution
We run the matter. Pleadings, evidence, interlocutory steps, mediation, and hearing where the matter does not resolve. Regular reporting and a relentless focus on the essential.
Frequently asked questions
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What is the time limit for a family provision claim in NSW?
Twelve months from the date of death. The Supreme Court of NSW can extend the period, but only where there is sufficient cause and usually only where the estate has not been fully distributed. If you are considering a claim, get advice well inside the window because building a proper claim takes time.
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What is notional estate and why does it matter in NSW?
Notional estate is unique to New South Wales. Under the Succession Act 2006 the Court can designate assets that have left the estate, for example assets transferred before death or superannuation paid directly to a beneficiary, as notional estate available to meet a family provision order. It means a claim in NSW is not necessarily defeated by the estate being emptied before or after death.
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Who can make a family provision claim in NSW?
Eligible persons under the Succession Act 2006 include a spouse or de facto partner, a child, a former spouse, certain dependants who were members of the household, and a person in a close personal relationship with the deceased. Eligibility is only the first step. The Court then asks whether adequate provision was made and what provision ought to be made.
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What happens if someone dies without a will in NSW?
The estate is distributed under the intestacy rules in the Succession Act 2006, which set a fixed order: spouse, children, then wider family. Intestacy does not prevent disputes. Family provision claims, disputes over who administers the estate, and questions about jointly held or trust assets all still arise and are dealt with in the Supreme Court of NSW.
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Can Aptum act for executors defending a claim as well as claimants?
Yes. Aptum acts on both sides of estate litigation. For executors and trustees, we defend family provision claims, respond to validity challenges and advise on the executor's duties during the dispute, including when to compromise a claim in the interests of the estate.
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How much does estate litigation cost in Sydney?
It depends on the size of the estate, the number of parties and how far the matter runs. Many family provision claims resolve at mediation, which the Supreme Court of NSW orders in almost every case. At the pathways assessment stage Aptum provides a stage-based cost forecast, and we advise early on proportionality so the costs make sense against what is at stake.
Aptum Legal Sydney
Level 1, 60 Martin Place, Sydney NSW 2000
Phone: (02) 7202 3404