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
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
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.