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Estate dispute lawyers

Legal issues may arise from the death or failing health of a loved one. Our lawyers aim to provide cost-effective, practical advice and solutions to heirs and beneficiaries, executors, trustees, attorneys under powers of attorney, guardians, or other interested parties
 

Contact us for a free consultation about:
 

  • Court Applications to Interpret or Challenge a Will

  • Dependent Support Claims

  • Contested Passing of Accounts

  • Guardianship Applications

  • Capacity Litigation

  • Power of Attorney Disputes

  • Elder Law / Financial Abuse

  • Court Applications for Advice and Direction

  • Court Applications to Remove an Executor / Estate Trustee

  • Other Claims by or against Estates, Estate Trustees, and Attorneys

Will Challenge
 

When someone dies with a Will that has been made under suspicious circumstances (e.g. lack of capacity, undue influence), where a drafting ambiguity exists, or in cases where a dependent has been left out, the validity or interpretation of the Will may be subject to dispute.  

Capacity Issues and Guardianship
 

The court can appoint a guardian for an adult who has become incapable of managing their property or their personal care. This is usually done where there are no powers of attorney, but if an attorney under a power of attorney resigns, or is failing to act in the best interests of the incapable person, having a court appointed guardian may be appropriate.
 

Powers of Attorney


Where powers of attorney are granted, the validity of the grant may challenged if the grantor lacked capacity or was subject to undue influence or coercion. 

 

Claims by or against the Estate, Executor, Trustee or Attorney

Even if a Will or power of attorney is valid, the conduct of a trustee or executor of an estate, a guardian, or attorney under a power of attorney can still be scrutinized. Issues of financial abuse, inappropriate decision-making, lack of disclosure of information, and delays can all arise.

There may also be court claims made by or against the estate, the deceased or the incapable person for wrongs committed or debts incurred.

Whatever the situation, we have years of experience helping clients and their family members navigate what is often a difficult, and emotionally taxing situation.

We approach each estate dispute with sensitivity and look for fair and cost effective solutions. Negotiation and mediation are often the first recourse, but if these fail, going to court is always an option.