Estate Litigation

We advise and assist claimants and respondents, including executors, spouses, children and other estate beneficiaries with claims related to wills, trusts, estates, and incapacity matters. These claims may include the following:

• Variation of wills: asking the court to vary a will that does not provide adequately for a spouse or child, defending against such claims, or representing an executor.
• Disputes involving executors: in relation to administration and estate accounting matters and remuneration claims.
• Rectification and construction: Assisting executors or beneficiaries when the terms of a will are unclear, uncertain, or made in error, or to determine whether a document is, in fact, a will.
• Validity of wills: Defending or setting aside wills, planning documents, or other transfers of property as invalid for lack of capacity, undue influence, coercion, or fraud.
• Claims regarding interests in property and assets including resulting trusts, unjust enrichment, and for constructive trust and other relief.
• Securing the rights of beneficiaries to sue on behalf of an estate where the executor refuses to do so.
• Contesting or defending spousal status in relation to estate disputes.
• Incapacity planning: Issues arising under powers of attorney, representation agreements, or committeeships.
• Disputes involving intestacies: where the deceased did not have a will.