Estate Disputes and Litigation

estate-disputes-litigation
Are you an executor of an estate and in a dispute with a co-executor, the family of the deceased or beneficiaries in the will of the deceased?

Are you a beneficiary of an estate and having problems with other beneficiaries of the estate or with the executor of the estate?

Types of disputes

Apart from contested wills and Inheritance (Family Provision) Act claims, there are many possible disputes, and resultant litigation, that can arise between executors and beneficiaries of an estate.

We are specialists in the area of estate disputes and litigation, and can provide confidential, independent and balanced advice and representation in relation to all such disputes, as follows:

  • Acting for family members where the executor has died or refused to carry out their functions as executor
  • Assisting beneficiaries in ensuring that the executor properly administers the estate in accordance with the terms of the will of the deceased
  • Representing beneficiaries where the executor has wasted or misappropriated estate monies or has been negligent in the management of the estate
  • Representing beneficiaries where the deceased has died without a will or where the will is informal or invalid or has not been prepared or has been prepared improperly due to the negligence of a solicitor or estate practitioner
  • Acting for executors or beneficiaries in relation to solicitors or estate practitioners who have been negligent with respect to the administration of estates resulting in losses to the beneficiaries or excessive legal costs being incurred
  • Assisting executors in large and complex estates to ensure that all their duties and obligations have been fulfilled, particularly from a tax perspective
  • Representing executors and beneficiaries in relation to disputes concerning an executor’s potential right to a commission for their administration of the estate (where a will does not provide for an executor to have commission, or the commission provided in the will is inadequate, the executor can apply to the Supreme Court for his or her commission)
  • Assisting executors and beneficiaries in obtaining specialist accounting advice in relation to capital gains tax issues arising from the sale and distribution of estate assets.

How we can help

If you are an executor or a beneficiary, or a family member, in relation to an estate and have any questions or concerns at all about any issue regarding the will or the administration of the estate, please call us immediately on 8354 2233.  Time limits invariably apply in these matters.

Many disputes can be resolved by negotiation without having to step inside a court room, which should only be seen as a last resort.

But if litigation is required, our legal team can certainly assist and provide you with the best representation possible.

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