Our team are Estate and Will dispute specialists. We can help you to understand your rights and options, allowing you to move forward with confidence.
Testator Family Maintenance Claims
The most common claim made against an Estate is a Testator Family Maintenance claim. This involves someone arguing that they were not adequately provided for either by the deceased’s Will or under the intestacy provisions. These claims are typically made by:
- the partner of the deceased (including a spouse or de facto partner);
- a child of the deceased (including biological and adopted children);
- a stepchild of the deceased; and
- other dependents.
Testator Family Maintenance claims are also known as ‘Contesting a Will’, ‘Part IV claims’, or ‘Family Provision claims’.
Invalidity Claims
A claim can also be made that the relevant Will is invalid. Invalidity can be argued for several reasons, including:
- lack of necessary mental capacity;
- duress or undue influence;
- revocation of the Will prior to death; and
- failure to properly execute the Will.
Other Estate Disputes
Other matters we can assist with, include :
- delay in obtaining a grant of probate or letters of administration;
- removing an executor if the executor is acting in breach of his/her duties (such as refusing to provide information, refusing to distribute the Estate, wasting assets or acting with conflict or bias);
- seeking an accounting of the Estate’s administration;
- providing advice about the interpretation and construction of the Will; and
- advising executors/administrators as to their duties or the administration of the Estate including making an application for judicial advice.
Approach
Testator Family Maintenance Claims
The most common claim made against an Estate is a Testator Family Maintenance claim. This involves someone arguing that they were not adequately provided for either by the deceased’s Will or under the intestacy provisions. These claims are typically made by:
- the partner of the deceased (including a spouse or de facto partner);
- a child of the deceased (including biological and adopted children);
- a stepchild of the deceased; and
- other dependents.
Testator Family Maintenance claims are also known as ‘Contesting a Will’, ‘Part IV claims’, or ‘Family Provision claims’.
Invalidity Claims
A claim can also be made that the relevant Will is invalid. Invalidity can be argued for several reasons, including:
- lack of necessary mental capacity;
- duress or undue influence;
- revocation of the Will prior to death; and
- failure to properly execute the Will.
Other Estate Disputes
Other matters we can assist with, include :
- delay in obtaining a grant of probate or letters of administration;
- removing an executor if the executor is acting in breach of his/her duties (such as refusing to provide information, refusing to distribute the Estate, wasting assets or acting with conflict or bias);
- seeking an accounting of the Estate’s administration;
- providing advice about the interpretation and construction of the Will; and
- advising executors/administrators as to their duties or the administration of the Estate including making an application for judicial advice.
