We are experienced in all areas of contested estates, regularly appearing for those who wish to make (or defend) a Family Provision Act claim. Often these matters are complex, involving a cross-over with other areas of law. They often also involve a number of family members requiring representation. So you know they will be looked after, we have a close network of like-minded lawyers we can refer those family members to.
To give you a sense of the types of matters we can handle, our experience includes the following:
- advising on, and representing clients in, claims under the Family Provision Act;
- advising executors, administrators and trustees of their obligations in each of those capacities, both before and during any anticipated litigation.
- advising clients on the validity of a will in the context of questions as to testamentary capacity, undue influnce and informal wills, including the necessary Court applications required to prove a will;
- advising ‘next friends’ and ‘guardians ad litem’ acting on behalf of infant beneficiaries;
- advising on the utility of DNA evidence when a relationship with the deceased is in issue;
- assisting with superannuation and death benefit disputes;
- appointment of guardians and administrators under the Guardianship and Administration Act.
We do not draft wills or assist with succession planning but if you are looking for these services, we can refer you to people who can assist.