Estate Litigation

Problems with Estates can arise in a number of different circumstances. They are often made more difficult by the emotions surrounding the recent death of the Will maker and strong feelings in families. We can provide objective professional advice to help clients through the process. We represent people in the following circumstances:

Wills Variation
  • Where a testator has not made adequate provisions for a child or spouse. This can arise if the testator had a falling out with a family member and excluded him or her from the Will, or if the testator had a second spouse and the testator’s children from a previous relationship was left out of the Will.
  • Claims towards a Will must be started within 180 days from the date Probate of the Will is granted.
Trust Claims
  • Where a testator has transferred property or put bank accounts into joint names before passing away and the other joint owner is not returning the asset to the Estate.
  • Where the testator’s assets have gone missing from the Estate.
  • Where a person acting under a Power of Attorney has done so improperly.
Undue Influence
  • Where someone has caused a vulnerable or elderly person to give away assets when they did not have the mental capacity to do so.
  • Where the testator was influenced by a new partner/spouse/caregiver/friend to change his or her Will or give assets.
Lack of Capacity
  • The testator changed his or her Will when he or she did not have the mental capacity to do so.
Executor Non-Performance
  • Where an Executor is not adhering to his or her obligation to administer the Estate in accordance with the terms of the Will and the Wills Estates and Succession Act.