Family Provision Claims & Estate Disputes

Overview

Estate disputes can arise at an already emotional and difficult time. When family members feel that they have not been properly provided for, or disagreements occur between executors and beneficiaries, clear and practical legal advice becomes essential.

We assist both applicants and executors in family provision claims, and provide experienced guidance on resolving estate disputes with sensitivity and professionalism.

Family Provision Claims

Certain family members may be entitled to make a family provision claim under the Succession Act 2006. If you are an eligible person, you may apply to the Supreme Court for further provision from an estate if you believe adequate provision has not been made for you.

We act for:

• Eligible persons making a family provision claim.
• Executors defending a claim against the estate.

Our assistance includes:

• Taking detailed instructions and providing advice on your position.
• Preparing and filing all required court documents.
• Attending court for mentions and preliminary steps.
• Briefing counsel and preparing for hearing if required.

Mediation

Family provision claims must now be mediated before they can be listed for a hearing. Many disputes are resolved at mediation, often with outcomes that may not have seemed possible initially. Mediation can save significant time, cost and emotional strain by avoiding the uncertainty of a court hearing.

Estate Disputes

The death of a loved one is a sensitive time, and relationships between executors and beneficiaries can sometimes become strained. Issues may arise that delay or prevent the proper administration of an estate.

We assist clients who:

• Wish to contest the validity of a will.
• Dispute the interpretation of a will.
• Need to defend a claim brought against the will or executor.
• Are dealing with conflict between executors and beneficiaries.

Our approach is discreet, compassionate and focused on effective resolution. We will assess your chances of success, outline your options and support you in taking the next steps.

Estate disputes should be addressed as early as possible to avoid escalating into lengthy and costly litigation. We provide guidance, negotiation support and representation to help bring matters to a timely and constructive resolution.