Services > Wills & Estates > Estate Litigation
Estate Litigation
Unfortunately, things do not always run smoothly when it comes to wills and deceased estates.
Types of disputes regarding wills and estates
We can assist you by providing quality advice and representation in relation to the various types of disputes which can arise regarding wills and deceased estates, including:
- family provision applications
- disputes about testamentary capacity
- undue influence or suspicious circumstances surrounding the making of a will
- breaches of agreements for contractual wills or mutual wills
- disputes regarding the interpretation of wills
- rectification of wills
- informal wills
- breaches of duty by executors and administrators
Family provision applications
A family provision application involves a person within a defined relationship to the deceased bringing an application to the court seeking a share of the deceased person’s estate, or a larger share of the estate than has been left under the will, on the basis that the deceased person has failed to make adequate provision for his or her proper maintenance and support.
If you feel that you have been unfairly left out of a will or deserve a larger share of the estate, we can provide you with advice about your eligibility to make a family provision application and your prospects of success, and represent you if you decide to proceed.
If you are an executor who receives notice that a family provision application is being made or is going to be made against the estate you are administering, we can assist you by providing advice about how you should respond, and represent you if the application proceeds.
If you are a beneficiary of a deceased estate against which a family provision application is made, we can advise and represent you to protect your interests.
For more information about family provision applications, click here.
Disputes about testamentary capacity
Disputes sometimes arise as to whether a deceased person had the mental capacity required to make a valid will.
Problems regarding testamentary capacity are becoming increasingly common as people are living longer and degenerative mental disorders are more frequent.
Whether you are considering challenging the validity of a will on the basis of a lack of testamentary capacity, or responding to such a challenge as an executor or beneficiary named in the disputed will, we can assist you with advice on the applicable legal principles and represent you in court proceedings.
For greater detail on disputes about testamentary capacity, click here.
Undue influence or suspicious circumstances surrounding the making of a will
Sometimes, disputes can arise as to whether a will was made as a result of undue influence being exerted over the deceased person, or whether the will truly represents the deceased person’s wishes and intentions.
Whether you are considering challenging a will on this basis, or whether you are defending a will against such a challenge, we can advise and represent you.
To find out more about undue influence and suspicious circumstances surrounding the making of a will, click here.
Breach of agreements for contractual wills or mutual wills
People sometimes enter into agreements as to how they will dispose of their estates. Unfortunately, people do not always adhere to the terms of such agreements.
If you believe that you were intended to benefit under an agreement which has been breached, or if you are defending an estate against such a challenge, we can assist you.
For greater detail on breaches of agreements for contractual wills or mutual wills, click here.
Disputes regarding the interpretation of wills
It is sometimes unclear what the wording of a will means. The existence of several possible interpretations can give rise to disagreements about which one is correct.
If you are involved in a dispute about the correct interpretation of a will, we can advise you about the applicable legal principles and represent you in proceedings to determine the meaning to be applied.
For more information about disputes regarding the interpretation of wills, click here.
Rectification of wills
Despite everyone’s best efforts, mistakes sometimes occur in the preparation of a will. This can result in the will failing to carry out the will-maker’s intentions. In these circumstances, it is often necessary to apply to the court to have the will rectified so that it gives effect to the will-maker’s instructions.
We can help you if you become involved in a proceeding regarding the rectification of a will.
To learn more about the rectification of wills, click here.
Informal wills
Sometimes a will is not executed in accordance with the formal requirements for a valid will. In these circumstances, the court has the ability to recognize a document which has not been executed in accordance with the formal requirements as a valid will if it is satisfied that the deceased person intended the document to form their will.
We can help you if you find yourself involved in a situation where a deceased person leaves an informal document purporting to be a will.
To find out more about informal wills, click here.
Breaches of duty by executors and administrators
Unfortunately, disagreements sometimes arise as to whether an estate is being properly administered, and whether executors or administrators have complied with their duties.
If you are a beneficiary, we can help you to enforce your right to compel the proper administration of the estate, and hold errant executors or administrators accountable for their acts or omissions.
If you are an executor or administrator who is being attacked by hostile beneficiaries, we can assist you in navigating your way through the administration of the estate.
Estate Litigation
Unfortunately, things do not always run smoothly when it comes to wills and deceased estates.
Types of disputes regarding wills and estates
We can assist you by providing quality advice and representation in relation to the various types of disputes which can arise regarding wills and deceased estates, including:
- family provision applications
- disputes about testamentary capacity
- undue influence or suspicious circumstances surrounding the making of a will
- breaches of agreements for contractual wills or mutual wills
- disputes regarding the interpretation of wills
- rectification of wills
- informal wills
- breaches of duty by executors and administrators
Family provision applications
A family provision application involves a person within a defined relationship to the deceased bringing an application to the court seeking a share of the deceased person’s estate, or a larger share of the estate than has been left under the will, on the basis that the deceased person has failed to make adequate provision for his or her proper maintenance and support.
If you feel that you have been unfairly left out of a will or deserve a larger share of the estate, we can provide you with advice about your eligibility to make a family provision application and your prospects of success, and represent you if you decide to proceed.
If you are an executor who receives notice that a family provision application is being made or is going to be made against the estate you are administering, we can assist you by providing advice about how you should respond, and represent you if the application proceeds.
If you are a beneficiary of a deceased estate against which a family provision application is made, we can advise and represent you to protect your interests.
For more information about family provision applications, click here.
Disputes about testamentary capacity
Disputes sometimes arise as to whether a deceased person had the mental capacity required to make a valid will.
Problems regarding testamentary capacity are becoming increasingly common as people are living longer and degenerative mental disorders are more frequent.
Whether you are considering challenging the validity of a will on the basis of a lack of testamentary capacity, or responding to such a challenge as an executor or beneficiary named in the disputed will, we can assist you with advice on the applicable legal principles and represent you in court proceedings.
For greater detail on disputes about testamentary capacity, click here.
Undue influence or suspicious circumstances surrounding the making of a will
Sometimes, disputes can arise as to whether a will was made as a result of undue influence being exerted over the deceased person, or whether the will truly represents the deceased person’s wishes and intentions.
Whether you are considering challenging a will on this basis, or whether you are defending a will against such a challenge, we can advise and represent you.
To find out more about undue influence and suspicious circumstances surrounding the making of a will, click here.
Breach of agreements for contractual wills or mutual wills
People sometimes enter into agreements as to how they will dispose of their estates. Unfortunately, people do not always adhere to the terms of such agreements.
If you believe that you were intended to benefit under an agreement which has been breached, or if you are defending an estate against such a challenge, we can assist you.
For greater detail on breaches of agreements for contractual wills or mutual wills, click here.
Disputes regarding the interpretation of wills
It is sometimes unclear what the wording of a will means. The existence of several possible interpretations can give rise to disagreements about which one is correct.
If you are involved in a dispute about the correct interpretation of a will, we can advise you about the applicable legal principles and represent you in proceedings to determine the meaning to be applied.
For more information about disputes regarding the interpretation of wills, click here.
Rectification of wills
Despite everyone’s best efforts, mistakes sometimes occur in the preparation of a will. This can result in the will failing to carry out the will-maker’s intentions. In these circumstances, it is often necessary to apply to the court to have the will rectified so that it gives effect to the will-maker’s instructions.
We can help you if you become involved in a proceeding regarding the rectification of a will.
To learn more about the rectification of wills, click here.
Informal wills
Sometimes a will is not executed in accordance with the formal requirements for a valid will. In these circumstances, the court has the ability to recognize a document which has not been executed in accordance with the formal requirements as a valid will if it is satisfied that the deceased person intended the document to form their will.
We can help you if you find yourself involved in a situation where a deceased person leaves an informal document purporting to be a will.
To find out more about informal wills, click here.
Breaches of duty by executors and administrators
Unfortunately, disagreements sometimes arise as to whether an estate is being properly administered, and whether executors or administrators have complied with their duties.
If you are a beneficiary, we can help you to enforce your right to compel the proper administration of the estate, and hold errant executors or administrators accountable for their acts or omissions.
If you are an executor or administrator who is being attacked by hostile beneficiaries, we can assist you in navigating your way through the administration of the estate.
