Complex Estate Disputes

There are some estate disputes which involve more than one of the areas mentioned above. In the case of complex estate disputes, our experience helps us to ask the right questions and to develop an effective approach to a commercial solution. At Eastwood Law, we have managed cases which involve a combination of claims involving the validity of a will, constructive trust claims, and family provision claims.

In other cases, the disputes also involve claims with respect to superannuation and trusts.

In particular when it comes to large disputes involving significant assets, it is only experience that allows a firm to find the right solution in a cost effective way.

Some of our notable cases include:

Hill v Zuda Pty Ltd [2022] HCA 21

Brown v Barber [2020] WASC 84

Zeljko Mrsa (as executor of the Estate of the Late Ivan Mrsa) v Mrsa [2014] WASC 482

Frigger v Professional Services of Australia Pty Ltd (No 5) [2024] FCA 420

Our Services

Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.

We have advised and acted for clients based in other states of Australia as well as overseas.

Probate and Letters of Administration

When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.

More

Challenging the Validity of a Will

You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.

More

Executors Duties and Disputes

BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.

More

Beneficiaries Concern Over Estate Administration

Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.

More

Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

More

Complex Estate Disputes

We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.

More

Why Choose Eastwood Law?

  • Boutique WA estate-litigation firm — we focus exclusively on contested estates, probate, family provision claims, will challenges and trust disputes.
  • Cameron Eastwood, Director — 20+ years of advising West Australian families through complex estate matters.
  • Supreme Court of WA + Court of Appeal experience — we appear at every level, including the High Court of Australia and the State Administrative Tribunal.
  • Trusted since 2005 — backed by hundreds of West Australian families who have walked through this with us.
  • Free 20-minute consultation — we will hear you out, give clear advice, and let you decide if we are the right fit.

Phone: (08) 9481 8460 · Office: Level 1, 26 Railway Road, Subiaco WA 6008

Book Your Free 20-Min Consultation

Frequently Asked Questions

What makes an estate dispute “complex”?
Complexity typically arises from: multiple competing claims, blended families, business assets and succession, foreign assets or beneficiaries, contested wills and concurrent family provision claims, allegations of undue influence or fraud, mental capacity disputes, and trustees with conflicts of interest.
Can multiple claims run at the same time?
Yes, and they often do. A typical complex matter involves a family provision claim, a will challenge, and an executor dispute running concurrently. The Court can consolidate proceedings, but each claim has its own evidentiary requirements.
How do I protect my position quickly?
Steps may include: obtaining a caveat against probate, restraining the executor from disposing of assets, preserving evidence (including the deceased’s solicitor’s file), preserving digital assets, and ensuring time-limit protective applications are filed before deadlines lapse.
How much do complex estate matters cost?
They vary widely. We provide a clear written estimate at the outset and update you as the matter progresses. Our boutique structure means we can give you a senior lawyer’s attention without the overheads of a large firm.
How long do complex matters take?
Most resolve in 12-24 months through mediation or settlement. Trial-bound matters can take 24-36 months. Our priority is to find the most efficient path to a fair outcome.

Get Your Free 20-minute legal consultation

Our commitment to our clients means that achieving a positive result for you is our priority.