Estate Litigation
Problems with Estates are often made more difficult by the emotions surrounding the recent death of a family member and strong feelings developed over a long period of time. We provide objective professional advice to help clients through the process.
We represent clients in all aspects of Estate Litigation including the following:
Wills Variation
Where a testator has excluded a family member from their Will. These situations can arise because of a falling out between a parent and child. They can also arise in situations where there is a second spouse and adult children from a previous relationship.
Claims to vary 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 including bank accounts into joint names before passing 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 wrongly convinced a vulnerable person to give them their property when they otherwise would not have done so.
Lack of Capacity
The testator changed their Will or gave away property when they did not have the mental capacity to do so.
Disputes in the Administration of Estates
Where an Executor is not administering the Estate in accordance with the terms of the Will or is taking too long to do so.
Determining who is going to be the Executor.