It is surprisingly common for claims to be made against a deceased’s estate.
Did you expect to be included in a Will and believe you have been unfairly left out or provided for? Is the Will significantly different from previous Wills and the provisions are unusual and unexpected? Are you an executor where a family member, carer or household member is threatening to make a claim against an estate?
Our team of lawyers focuses on the early assessment of the claim and timely preparation so that our clients have the best opportunity to achieve mediated and negotiated solutions. If that is unsuccessful and it becomes necessary to initiate or defend claims in court to achieve the best outcomes for the client and/or the estate, our lawyers have the skills and experience to advance that litigation.
The most frequent claims are “family provision” claims where an eligible person (usually a family member) alleges that they should have received assets under the Will and were either left out or that they did not receive adequate or proper provision from the estate.
Other claims against estates include allegations that the deceased was influenced to write a Will only in favour of some family members and to leave out others or that the deceased lacked capacity when the Will was made.
Our lawyers can help clients navigate these issues and to successfully bring or defend claims.
The Wills and Estates team is headed by Practice Group Leader Cavelle Lindsay and Litigation Team is headed by Practice Group Leader Kristy Nunn. The team includes the talents and expertise of Consultant Robert Lindsay, Consultant Felicity Wardhaugh, Solicitor Jan Soriano and Special Counsel David Collins.
For more information, please contact us.
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