Estate litigation relates to court proceedings, challenges and disputes in regards to a deceased estate matter. Following is a brief summary of some of the different types of estate litigation, each of which our estate litigation lawyers can assist you with.
Application for provision
This is an application where the applicant is seeking to be provided for, or to be further provided for, because they feel that the terms of the deceased’s Will did not provide adequate provision for them. There is a specific category of eligible claimants and strict timeframes involved. This type of litigation is essentially seeking to alter the terms of the Will. If the applicant can establish the merits of their claim, then the court may order that they receive provision from the estate.
Challenging the Validity of a Will
Proceedings of this nature generally arise due to a concern that the Will was fraudulent or was signed by the deceased under circumstances such us duress/undue influence or where the deceased did not have capacity to understand the Will that they signed.
Removal of an Executor
An executor has a duty to act in the best interests of the beneficiaries of the estate and, thankfully, most executors act appropriately when administering an estate. However, sadly there are instances where executors do not act in accordance with their duty and obligations and if this happens, an application can be made to the Court seeking their removal as an executor.
Construction of the terms of the Will
It is best practice for a Will to be drawn by a Solicitor who is an expert in Will drafting. If there is any confusion regarding the provisions contained in a Will, then an application to the court by the executor may be required to obtain a declaration of the Court as to what the terms of the Will actually mean. This is more common when Wills are prepared without the involvement of an estate planning lawyer.
If you are seeking legal assistance with any estate litigation matters, you should not delay in obtaining legal advice given strict time limits apply. McNamara Law can assist you with all estate litigation matters. Give them a call today on 1300 285 888.
Author: Rebekah Sanfuentes, Principal/Legal Practice Director
