Disputed Wills and Estates
Our expert team can assist you with all aspects of wills and estate planning, estate administration, guardianship
We have extensive experience with disputed wills and disputed estates.
Are you involved in a estate dispute?
The loss of a family member or close friend is a difficult time. Unfortunately, from time to time disputes arise in relation to the validity of a will or the division of an estate. Allegations can be made that a will maker lacks capacity to make a will, did not understand the contents of their will or was influenced by someone to make a will on particular terms. Furthermore estates can also be disputed on the basis that the will maker failed to make adequate provision for certain family members.
- Making a claim for provision out of an estate if you are dissatisfied with your current entitlement (i.e. contesting a will or estate)
- Defending an estate claim made by a disgruntled beneficiary or third party for provision from an estate in which you are a named beneficiary
- Challenging and defending the validity of wills, in particular on grounds on lack of capacity and undue influence.
In addition to the above claims
We can assist you with:
- Advice on the construction and interpretation of wills and estate distributions
- Making or defending claims against executors of an estate (due to delays, conflicts of interest and misappropriation of funds)
- Applications for passing of accounts (to see what an executor has been doing with estate funds)
- Making or defending claims in respect of assets promised to a person during their lifetime (also known as promissory estoppel claims). These claims often arise in farming families where the family farm is promised to a particular child.
Estate disputes are subject to strict time limits
Please note:
Estate disputes are subject to strict time limits. If you miss a time limit it may result in you losing your ability to dispute an estate and bring your claim before the court. It is important that you get advice as soon as possible from a lawyer with specialist skills in this area.
