Disputes concerning deceased estates are almost always very emotional and stressful for all of the parties involved.
Often there are longstanding emotions, family divisions, profound grief, and financial tensions which make the legal processes involved in coming to a final resolution appear somewhat daunting.
We are here to guide you through the processes and to progress even the most tangled of disputes to a sensible outcome.
QUICK ENQUIREExpertise in
Deceased Estate Litigation.
Deceased estate disputes are common and can take many shapes, including the following:
- disputing a Will on the basis that the Will-maker lacked capacity to make the Will;
- disputes about how a Will should be interpreted where the Will’s terms are imprecise;
- intestacies, where the deceased left no valid Will and beneficiaries of the same “class” (eg siblings) under the intestacy rules are unhappy about receiving equal shares of the estate;
- removal of an executor due to failure to act in the best interests of the estate, eg failure to administer the estate in a timely manner;
- claims against an estate by an adult child where they have effected improvements to a property at the request of (or agreement with) a parent, but the parent’s Will does not reflect the contribution to the property made by the child;
- disputes about whether superannuation fund death benefits form part of the estate or not (eg where a “binding death nomination” has been made; and
- claims that a beneficiary has acted improperly, eg in breach of a Power of Attorney, prior to the deceased’s death or by exerting undue influence on the Will-maker at the time that a Will was being made.
Claims known as “Family Provision claims” are increasingly common, particularly in blended family situations. An applicant in a family provision claim seeks provision from an estate on the basis that he/she was not provided for adequately (or at all) in the deceased’s Will. A detailed analysis of the applicant’s financial needs relative to the needs of others who also have a legitimate interest in the estate is usually paramount in determining the outcome of family provision disputes.
We find that mediation almost always successfully resolves estate disputes, including those involving long-held resentments and the most complicated of factual histories. In our experience, very few court proceedings continue all the way to trial.
We have the expertise to assist you with all facets of deceased estate disputes – whether that be advising you in plain language that you understand, preparing affidavits, briefing counsel for trial, or negotiating a settlement.
- A BROAD AREA
Deceased estate disputes are common and can take many shapes, including the following:
- disputing a Will on the basis that the Will-maker lacked capacity to make the Will;
- disputes about how a Will should be interpreted where the Will’s terms are imprecise;
- intestacies, where the deceased left no valid Will and beneficiaries of the same “class” (eg siblings) under the intestacy rules are unhappy about receiving equal shares of the estate;
- removal of an executor due to failure to act in the best interests of the estate, eg failure to administer the estate in a timely manner;
- claims against an estate by an adult child where they have effected improvements to a property at the request of (or agreement with) a parent, but the parent’s Will does not reflect the contribution to the property made by the child;
- disputes about whether superannuation fund death benefits form part of the estate or not (eg where a “binding death nomination” has been made; and
- claims that a beneficiary has acted improperly, eg in breach of a Power of Attorney, prior to the deceased’s death or by exerting undue influence on the Will-maker at the time that a Will was being made.
- FAMILY PROVISION
Claims known as “Family Provision claims” are increasingly common, particularly in blended family situations. An applicant in a family provision claim seeks provision from an estate on the basis that he/she was not provided for adequately (or at all) in the deceased’s Will. A detailed analysis of the applicant’s financial needs relative to the needs of others who also have a legitimate interest in the estate is usually paramount in determining the outcome of family provision disputes.
- MEDIATION, TRIAL, OR NEGOTIATING SETTLEMENT
We find that mediation almost always successfully resolves estate disputes, including those involving long-held resentments and the most complicated of factual histories. In our experience, very few court proceedings continue all the way to trial.
We have the expertise to assist you with all facets of deceased estate disputes – whether that be advising you in plain language that you understand, preparing affidavits, briefing counsel for trial, or negotiating a settlement.
Book Your Free Consultation.
We know that choosing a solicitor can be a difficult decision. We offer all enquirers a no-obligation, free consultation with one of our solicitors so that we can ensure we are on the same page about the case and a good fit for each other before moving forward.
Our office is based on the central Gold Coast if you wish to visit us in person, alternatively we can arrange video or telephone consultations to suit.
