Contested issues in Estates

It is an unfortunate reality that many disputes arise as a result of the administration of an estate after the death of a loved one. It is frequently the case that one or more of the spouse or children or dependants of the deceased consider that they have not been properly provided for by the last will of the deceased, or, perhaps, that the last will is not a true reflection of the deceased’s wishes, due to undue pressure while the will was being made, or due to a concern that the deceased did not have mental capacity to make a will at the time. We have published detailed articles covering many of the issues that arise at this time – please review our blog posts for more detail. Whether you are an executor trying to complete his or her obligations under a will, and wish to ensure that your actions are not subject to legal challenge, or if you are a person who is concerned that merely following the terms of the existing will will lead to injustice, we have the experience and knowledge to help.

Where we come in?

  • Family Provision Applications;
  • Construction & Rectification Applications;
  • Applications for removal of executors/administrators;
  • Estate accounting;
  • Trust related disputes - interpretation; enforcement
  • Equitable Claims - constructive/resulting trusts; undue influence/unconscionable conduct; restitution;unjust enrichment; accounting
  • Superannuation claims