Estate Administration: Expect the Unexpected

by Olivia Dowling | May 12, 2025| Latest News

While the vast majority of wills are not contentious, the number of family provisions claims filed and the number of contested grants of probate have increased in recent years. A family provisions claim is an application for a share, or a larger share, from the estate of a deceased person. They are made by “eligible persons” who have been left out of a will, or did not receive what they believe they’re entitled to receive.

Earlier this year, the Sydney Morning Herald reported that there were 418 contested probate cases filed with the NSW Supreme Court which was up from 310 in 2019. Additionally, 1,064 family provisions claims were filed in 2023 – an increase from 878 in 2019.

In their reporting, the newspaper detailed a case involving a multimillion-dollar property left to two sisters by their late mother who passed in 2021. The major asset of the $4.2 million estate was a Cremorne property which had an estimated value of $3.9 million. Although probate was granted in 2022, one of the sisters refused to leave the house for several years, preventing its sale. The plaintiff, Ms Sofiandis, made repeated efforts to engage her sister but the defendant ignored these attempts and delayed the administration of the estate for over three years.

This is contrary to the Court’s overriding purpose to ensure the just, quick and cheap resolution of cases. The deadlock caused by the defendant lead to Justice Lindsay revoking the original grant of probate in July 2023. In October 2023, Ms Sofiandis applied for an independent administrator who was appointed in late December. The administrator attempted to persuade the defendant to vacate the property to facilitate its sale but faced a complete lack of cooperation. The administrator then sought Court approval in October 2024 to commence possession proceedings.

The sister living in the property failed to appear in Court multiple times and, on 7 February 2025, Justice Slattery issued a warrant for her arrest to bring her before the Court. In his decision, Slattery J stated that the defendant living in the Cremorne home was “unfairly” enjoying the property of the estate to the detriment of her sister and that this was “unacceptable” in the eyes of the Court.  The defendant ultimately agreed to leave the home by 4 April.

While this case involved a multimillion-dollar home, it highlights the additional delays and costs that can be incurred by dispute claims. These costs can become significant and may end up absorbing a large proportion of smaller estates.

One of the most effective ways to protect your assets is to prepare an effective and fair will. To find out how you can avoid family disputes, contact our office to make an appointment with one of our highly experienced estates solicitors.