Trust and Estate Litigation
There are many instances where people want to challenge a Family Trust or the Will of a deceased person. These can be tough times, and you will need an experienced Family Trust Lawyer or Estate Litigation Lawyer. Here are some areas we can help you with.
The Court can require assets 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 advice on possible remedies such as this.
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.
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.
Suppose 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 consideration and judgment. In that case, we can help you work through these issues and advise you of the appropriate steps to take.
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) 1949 Act and can explain the possible options available to you.
Trust and Estate litigation involves a range of issues we have comprehensive experience with. These include the 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 can represent beneficiaries to ensure these requirements are complied with and advise on claims to remove trustees and executors by the Court, when necessary. Such claims are likely when it is evident that removal is needed for the practical and efficient operation of the Trust.