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Contesting a Will

Family Provision Claims

Rayners Lawyers acts for executors and administrators defending high net wealth and ultra high net wealth estates against family provision claims.

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Protecting the estate you've been entrusted to administer

As executor, you have a legal duty to uphold the terms of the will and act in the interests of all beneficiaries — even when a family provision claim puts that duty under pressure. Complex estates raise complex risk: business succession structures, testamentary trusts, blended families, and significant or illiquid assets all increase the stakes of getting the defence wrong.

Kirsty Rayner has particular experience acting for executors of sophisticated, high-value estates, working alongside private client advisers, accountants and trustees to protect the estate's assets and the executor's position.

How to defend a Will

If a family provision claim is made — or threatened — against an estate you administer, you're obliged to defend the proceedings to uphold the will and protect beneficiaries' interests. That doesn't always mean a courtroom battle. In many cases, the strongest outcome for the estate is a well-negotiated resolution at the solicitor level, reached before the costs and delay of litigation erode the estate's value.

We advise executors on:

  • Assessing the merits and exposure of a claim early, so you can make an informed decision on strategy
  • Managing claims involving trusts, testamentary trust structures, and business succession arrangements
  • Estates with blended families, multiple beneficiaries, or contested asset ownership
  • Costs risk — including when an executor may be personally exposed, and how to avoid it
  • Negotiating settlements that protect the estate and limit legal spend
  • Court proceedings, where a negotiated resolution isn't possible

Rayners Lawyers Specialising in complex wills and small business law

Why early advice matters

The earlier an executor gets specialist advice, the more options are available — for containing costs, for negotiating from a position of strength, and for protecting the executor personally. Waiting until a claim has escalated narrows those options considerably.

Grounds on which a Will can be challenged

Separately from a family provision claim, a will's validity can itself be contested — for example, on the basis that:

  • the will-maker lacked testamentary capacity;
  • the will-maker did not know of, or approve, the terms of the will;
  • the will document is fraudulent;
  • the will-maker was unduly influenced or pressured;
  • the will was not signed and witnessed properly; or
  • the will-maker later revoked it.

We advise executors on defending challenges of this kind as well as family provision claims.

Contact us if you're an executor facing a claim

If a claim has been made — or you expect one may be made — against an estate you administer, early advice makes a real difference to the outcome.

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MARGOT BEACH AND SUSANNA WELLS

“We recently used the services of Rayners Lawyers in Oatley. From the beginning of the process we were extremely satisfied with the way in which our matter was both sensitively and professionally handled. Kirsty was both approachable and understanding in guiding us through the process.

She answered our many questions and gave sound advice where necessary, which increased our confidence in the decisions we made for our future. This has been a painless and satisfying experience for us both. Should we need a solicitor in the future we would have absolutely no hesitation in using Rayners Lawyers again. We will also be recommending this business to both family and friends without hesitation.” 
Rayners Lawyers Specialising in complex wills and small business law


Rayners Lawyers Specialising in complex wills and small business law

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[email protected]
PO Box 569, Port Macquarie NSW 2444
PORT MACQUARIE
Level 1, 2 Horton Street, Port Macquarie NSW 2444
 02 6583 4312

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