Trusts & Estate Litigation

Helping resolve trust and estate disputes.

Disputes involving trusts and estates often arise at emotionally difficult times. McVeagh Fleming has a strong track record advising and representing clients in trust and estate litigation, providing clear, practical guidance and focused representation.

We assist with a wide range of trust and estate disputes, including challenges to trustee decisions, will validity issues, testamentary promises, family protection claims, trust liabilities, and applications to remove trustees or executors.

Trust & estate litigation

People may wish to challenge a will or trust for many reasons. These matters can be complex, and experienced advice is essential. Our team can help you understand your options and guide you through the process.

Constructive trusts

Courts may require assets to be held on constructive trust where a person has contributed to property and had a reasonable expectation of an interest. We can advise on potential remedies and next steps.

Family protection claims

The Family Protection Act allows eligible people to apply to the Court if they believe a will has not adequately provided for them.

Testamentary capacity claims

A person must have sufficient mental capacity to make or change a will. If you believe a will may be invalid due to lack of testamentary capacity or undue influence, we can advise on appropriate steps.

Testamentary promises

Claims may arise where someone has provided services to the deceased in expectation of a provision in their will. We advise on claims under the Law Reform (Testamentary Promises) Act 1949 and the options available.

Trust claims

We advise on challenges to trustee conduct, removal of trustees or executors, and enforcement of beneficiaries’ rights. Trustees must act in accordance with the trust deed and in the best interests of beneficiaries.

For business matters, view Litigation & Dispute (Business).

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Our latest insights

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Auckland Litigation Lawyer | High Court clarifies limits on early sale of restrained multi-million-dollar home in St Heliers, Auckland.
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High Court clarifies limits on early sale of restrained property

What happens when a multi-million-dollar home in St Heliers, Auckland, is frozen due to an overseas criminal investigation – and a government-appointed officer tries to sell it before the case is decided?
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Mediating Trust Disputes. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Mediating Trust Disputes

Countless families across New Zealand place their most valuable assets, such as their property, into a discretionary family trust. However, when a couple separate and each party is a trustee to the same family trust, conflict and disagreement will often arise as to the management and enjoyment of trust assets. Disagreements on internal trust matters have the possibility of turning into time-consuming, expensive and public proceedings in court. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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Auckland family trust lawyer, Manukau trusts lawyer. Changes to Family Trusts, their administration and Trustees' obligations. See how it affects you
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A time to reflect on estate/trust matters

The current 'lockdown' is unprecedented. In times like these your first priority is to ensure you take care of yourselves, friends and family. However, while it is important to protect those close to you, you should also give consideration to the protection of your assets. Accordingly, it may be an opportune time to review your current estate planning to ensure everything is 'as you would like' and, if you have a trust, to make sure that it aligns with the provisions of the Trusts Act 2019 ("the Act") which was enacted this year but comes into force at the beginning of 2021.
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Team leadership

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Headshot of Alissa Bell, Partner at McVeagh Fleming, professional style photo against a neutral background.
Alissa Bell
Partner
Family Law & Relationship Property
DDI:
MOB:  
021 498 494
E:
abell@mcveaghfleming.co.nz
Email
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Profile photo of George Ireland, Partner at McVeagh Fleming, professional style photo against light background.
George Ireland
Partner
Relationship Property, Trusts & Estate Litigation
DDI:
09 306 6736
MOB:  
E:
gireland@mcveaghfleming.co.nz
Email
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Headshot of James Turner, Partner at McVeagh Fleming, professional style photo against light background.
James Turner
Partner
Litigation & Dispute Resolution
DDI:
09 966 3603
MOB:  
E:
jturner@mcveaghfleming.co.nz
Email
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Headshot of Peter Fuscic, Partner at McVeagh Fleming, professional style photo against a neutral background.
Peter Fuscic
Partner
Trust, Estate & Relationship Property Disputes
DDI:
09 306 6746
MOB:  
021 729 322
E:
pfuscic@mcveaghfleming.co.nz
Email
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