Trust and Estate Litigation


CONTACT

Peter Fuscic | Partner | Auckland Office | Family Trust and Estate Lawyer
09 306 6746 | pfuscic@mcveaghfleming.co.nz

Alissa Bell | Partner | Albany Office | Estate Lawyer
09 966 3606 | abell@mcveaghfleming.co.nz

James Turner | Partner | Albany Office
09 966 3603 | jturner@mcveaghfleming.co.nz

 

Trust and Estate Litigation

There are many instances where people want to challenge a Family Trust or a Will of a deceased person. These can be very difficult times and you will need an experienced Family Trust Lawyer or Estate Litigation Lawyer. Here are some areas we can help you.

Constructive Trusts

The Court can require assets that are otherwise owned by a Trust, to be held in Constructive Trust, for a partner where they have contributed to the property and there was a reasonable expectation for them to have an interest in it. Speak with us today for advise on possible remedies such as this.

Family Protection

The Family Protection Act permits some people to apply to the Courts if, in their view, the Will of a deceased person did not sufficiently provide for them. For more information please see this page about Family Protection and Wills.

Testamentary Capacity Claims

To validly make or vary a Will a person must have sufficient mental capacity, referred to as testamentary capacity. This requires that the Will Maker at the time must be of sound mind, memory and understanding. If you have an interest in an estate and believe that the deceased’s Will might not be valid for this reason or that the Will might not be the product of the deceased’s own consideration and judgment, we can help you work through these issues and advise you of the appropriate steps to take.

Testamentary Promises

Testamentary promises claims are made when a person has performed services or work for the deceased, in expectation of a testamentary reward or provision. An action arises where the deceased has failed to include that provision in their Will, causing hurt and stress during an already difficult time. We are experienced in advising clients of the process under the Law Reform (Testamentary Promises) Act 1949 and can explain the possible options available to you.

Trust Claims

Trust and Estate litigation involves a range of issues with which we have comprehensive experience. These include removal of trustees and challenges against their decisions and ensuring beneficiaries’ rights are recognised. Trustees must act in accordance with the Trust deed and in an even handed manner towards the beneficiaries’ interests. We are able to represent beneficiaries to ensure these requirements are complied with, as well as advising on claims to remove trustees and executors by the Court, when necessary. Such claims are likely when it is evident that removal is necessary for the practical and efficient operation of the Trust.