Estate disputes are rarely only about money. They concern history: who cared for a parent, who worked in the business, who was loved or overlooked. In Chinese-Australian families they are often complicated further by assets in two countries, documents in two languages, and family law and estate law issues arising at the same time.
The disputes I mediate
- Family provision claims by children, spouses, partners and others who say a will did not adequately provide for them. In Victoria the Supreme Court generally requires mediation before trial.
- Challenges to a will based on capacity, undue influence or informal documents. See testamentary capacity in wealthy families.
- Executor and trustee disputes, including control of family trusts after the founder’s death.
- Disputes where family law and estate law overlap, such as a separation that was never finalised before a death.
An illustration: the A family
This example is hypothetical, combining issues commonly seen in practice.
Mr and Mrs A migrated from Shanghai to Melbourne in the 1990s. Over 25 years they built a restaurant business in Box Hill, held through a family trust, together with two investment properties in Melbourne, the family home and an apartment in Shanghai in Mr A’s name. They have two adult children: a son who runs the restaurant, and a daughter who cared for Mr A in his final years.
In 2024 Mr and Mrs A separated, and Mrs A began property proceedings in the Federal Circuit and Family Court. While those proceedings were underway, Mr A made a new will leaving most of his estate to his son and a substantial gift to Ms B, his new partner. He died in 2025, before the property settlement was finalised.
The legal issues are significant:
- The family law claim continues. Property proceedings that have begun can generally continue against the deceased’s estate, so Mrs A’s claim does not end with Mr A’s death.
- Capacity. Mr A had been diagnosed with early dementia before signing the new will. The daughter questions whether he understood it.
- Family provision. The daughter, who received little under the new will, considers bringing a claim. Ms B may say she was Mr A’s de facto partner.
- The family trust. Mr A was the appointor; the deed passes that role to his legal personal representative. That gives the son, as executor, control of the trust that owns the restaurant.
- The Shanghai apartment. Transferring it requires Chinese procedures, notarised documents and cooperation between the parties.
- Language and culture. Mrs A is most comfortable in Shanghainese and Mandarin. The children speak English with each other. No one wants a public court fight.
Litigated separately in the family court and the Supreme Court, these issues could take years and consume a large share of the estate.
How the mediation unfolds
- Preparation. Before the mediation, valuations of the restaurant, properties and the Shanghai apartment are exchanged, along with the medical records relevant to capacity and the trust deed.
- Opening statements. Mrs A speaks in Mandarin; the mediator summarises in both languages. The son speaks about keeping the restaurant his parents built. The daughter speaks about the years she cared for her father.
- Agenda. The family home; the restaurant and the trust; the Shanghai apartment; provision for the daughter; Ms B’s claim; costs.
- Private sessions. Each party tests the risks of their position: the son, that the will may not survive a capacity challenge; the daughter, the cost and delay of litigation; Mrs A, the time it would take to finalise her property claim against an estate.
- Joint negotiation. A package emerges. Mrs A receives the family home and one investment property in settlement of her family law claim. The restaurant stays in the trust under the son’s control, with the daughter receiving an agreed payment over three years. The daughter also receives the Shanghai apartment, which she plans to keep for her mother’s use. Ms B receives a lump sum in full settlement. Each party bears their own costs.
- Agreement and implementation. The terms are recorded in family law consent orders, a deed of settlement for the estate, and the documents needed to transfer the Shanghai apartment.
The outcome is one no court would have ordered in that form, and the family can still sit at the same table at Chinese New Year.
How we assist
I mediate estate, trust and related family law disputes in English and Mandarin, in person or online for family members overseas. Our firm also acts for parties and as independent executor where a neutral is needed; we never act for a party in a matter I mediate. See also collaborative resolution of estate disputes, capacity and powers of attorney and how I mediate.
Frequently asked questions
Is mediation compulsory in Victorian estate disputes?
In family provision proceedings, the Supreme Court of Victoria generally requires the parties to attend mediation before a trial. Mediation can also take place before proceedings are issued.
Does a family law property claim end if the other spouse dies?
Not necessarily. Property proceedings that have already begun can generally continue against the deceased spouse’s estate.
Can family law and estate disputes be resolved in one mediation?
Yes. Where the same family members are involved, a single mediation can resolve both, with the agreement recorded in consent orders and a deed of settlement.
Can family members overseas take part?
Yes. Mediations can be conducted online, and settlement documents can be prepared for use in China or elsewhere.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice. Victorian law unless stated otherwise.
简体中文 
English (Australia) 
繁體中文