Why Estate Disputes Are Rising in NSW: How to Protect Your Family

Estate disputes are becoming more common in New South Wales, and the reasons are not difficult to understand. Property values have increased significantly across the region over the past decade, and what was once a modest estate is now a substantial one. Family structures are also more complex than they used to be. Together, those two things create the conditions for conflict.

The numbers reflect this. In 2024, more than 1,400 estate disputes were commenced in NSW, including family provision claims and challenges to the validity of wills. At the same time, close to 60% of people in NSW die without a valid will.

What Happens Without a Valid Will

When someone dies without a will, their estate is distributed according to the rules of intestacy under the Succession Act 2006 (NSW). This follows a fixed formula based on family relationships, not on what the deceased would have wanted.

For families with blended relationships, estranged members, de facto partners or significant property holdings, intestacy often produces outcomes that were never intended, and can fuel conflict between people who are already grieving.

Intestacy does not consider personal relationships, promises or intentions that were never formally documented. It simply applies the formula.

Why Outdated Wills Are Just as Risky

An old will can cause as many problems as no will at all. Major life events, marriage, separation, the birth of children or grandchildren, significant changes in assets, can all affect whether an existing will is still appropriate.

It is common to see wills that were made twenty or thirty years ago and never updated. A lot can change in that time. The will might not reflect current relationships, and it might not deal with assets the person has acquired more recently.

Outdated wills are more likely to attract family provision claims and may leave executors dealing with unnecessary complexity.

Choosing the Right Executor

Who you appoint as your executor can shape how smoothly your estate is administered, and whether disputes are contained or inflamed. Your executor manages your estate and carries out your wishes, so it needs to be someone you trust to act fairly, particularly where disputes between beneficiaries are foreseeable.

Selecting the right person for that role is one of the most important decisions in a will. Where there is potential for conflict, the executor is often the person who has to navigate it, and the right choice can make a genuinely difficult time far easier for everyone.

The Rising Role of Superannuation and Non-Estate Assets

Property is not the only asset that can complicate estate planning. Superannuation, jointly owned assets, family trusts and insurance policies all sit outside the estate and are not governed by the will.

Each of these requires separate consideration. A comprehensive estate plan addresses all of them together, not just the assets that pass through the will.

The Cost of Getting It Wrong

Estate disputes are expensive, slow, and hard on families. Legal costs on both sides are frequently paid from the estate itself, reducing what is ultimately available for beneficiaries. Litigation can take months or years, and the damage to family relationships is often permanent.

The disputes that arise most often were entirely preventable. A properly prepared, up-to-date will and a little proactive planning would have made the difference.

What Proper Planning Looks Like

A valid will, properly drafted and executed. An estate plan that considers superannuation, jointly held assets and any trusts. A review when circumstances change. Legal advice that is tailored to your actual family situation, not a template.

Every family is different. What protects one family may create risk for another. The point of proper advice is to look at your specific situation and plan for it.

Dawson Pouwhare Legal & Conveyancing helps families protect their estates across Lake Macquarie and the Hunter from offices in Cardiff and Morisset. To review or prepare your will, contact us on (02) 4954 8666.