Succesion Law Contested Estates

Contested Estates

All too often when a family member or loved one passes away disagreements can arise between those left behind. It may be that you have been removed from or left out of a will. Or you may be the named Executor in a Will having to fight to uphold it. Either way you need an experienced legal team on your side.

At Harris Law we focus on ensuring that Estate disputes are settled with the best result in the most efficient manner possible.

We can assist you with:

  • defending a Will;
  • disputing a Will for lack of capacity or undue influence;
  • making a claim for further provision from an Estate;
  • Executor / Trustee disputes or complaints regarding conduct;
  • acting as independent Administrator;
  • acting as litigation guardian in Estate disputes where minors or those with legal disabilities are involved;
  • contesting superannuation nominations or payments.

Succession Law Estate Management

Estate Management & Administration

We understand that when a loved one passes away it can be stressful to deal with their affairs and management of their Estate. We offer Estate Management and Administration services to assist at a difficult time. We can provide preliminary advice to advise you on your role as Executor and assist you to administer the Estate or we offer a complete Estate Administration service.

We can assist you with:

Grants of Administration, including;

  • Probate (when there is a Will);
  • Letters of Administration with the Will (where there is a Will but the named executor is unable or unwilling to act); or
  • Letters of Administration on Intestacy (where there is no Will);

General Administration services, such as:

  • Calling in and/or sale of assets;
  • Payments of debts;
  • Notifying agencies / organisations of death;
  • Preparing Estate Accounts;
  • Transferring assets to beneficiaries;
  • Assisting with Superannuation and/or life insurance claims;
  • Obtaining relevant taxation advice and lodgement of deceased’s tax returns;

Defending the Will where claim/s are made;

Court Applications, including:

  • directions regarding the Administration of an Estate;
  • construction of clauses contained in a Will;
  • rectification of a Will; or
  • Executors commission.

Estate & Life Planning

No-one likes to think about death or incapacity, but we all want to know everything is looked after in the event something unexpected were to happen. We like to call this planning for peace of mind.

At Harris Law we take a holistic approach to your succession plan, reviewing your circumstances, entities and structures together with those of your chosen beneficiaries to best ensure maximum tax effectiveness and flexibility for your beneficiaries. We consult with your trusted advisors to ensure that your estate objectives are incorporated in and achieved by our succession plan.

In undertaking an Estate Plan Harris Law has three main goals, firstly to pass your property to the people you choose, secondly to reduce expense after your death, and thirdly to limit the ability of others to interfere with your decisions.

We offer a unique pre-appointment package to make it easier for you to have your Will, Power of Attorney and other documents finalised as quickly as possible. Click here to access our detailed Explanatory Notes and to request a copy of the pre-appointment package documents.

We can assist you with preparing or advising on:

Special Needs solutions, including:

  • Special disability trusts and protective trusts;
  • Court made Wills;
  • Appointing Attorneys.

Succession Law Superannuation


One of the most effective methods of Estate planning can be through Superannuation. Most people do not realise that Superannuation is treated as a separate asset that can be passed to certain classes of beneficiaries outside an Estate (often tax effectively).

At Harris Law we work with your trusted advisors to ensure that your Superannuation planning is complementary in meeting your Succession Planning objectives.

We can assist you with:

Superannuation planning including:

  • Review of Self-Managed Superannuation Fund (‘SMSF’) or public offer fund terms;
  • Review or preparation of binding death benefit nominations or reversionary pension documents;
  • Preparation of tailored Enduring Power of Attorney clauses dealing with the management and succession of Superannuation for lapsing nominations or public offer funds;

Preparation of claim/s for payment of Death Benefits;


  • Superannuation Nominations; or
  • Trustee decisions.