Inheritance Law Specialists
Estate Litigation
Estate litigation is concerned with legal disputes about a deceased person's estate.
Deceased estates can be disputed over the validity and interpretation of wills, trusts, and other estate planning documents, and over the distribution of assets. Estate litigation usually often occurs when family members or beneficiaries disagree over the decedent’s intentions or when someone contests the validity of a will or trust.
The most common types of estate litigation include:
- Family Provision Applications: Where an eligible person is left without adequate or proper provision from a related family member.
- Will Contests: Where a beneficiary challenges the validity of a will. The most common challenges are brought on grounds of undue influence, suspicious circumstances, or lack of mental “testamentary” capacity at the time the will was made.
- Informal Will applications: These fascinating applications involve documents, sometimes unusual documents, that record the testamentary intentions of someone who has died but have not been made in the way wills are made, that is: in writing, signed by the deceased, and witnessed by two people.
- Will Rectification Applications: Where there is a clerical error or where the will does not give effect to the will-maker’s intentions, the court can make orders that rectify the will.
- Will and Trust Disputes: Where there are disagreements over the terms of a trust or a will, the way it's being administered, or the actions of the executor or trustee.
- Breach of Fiduciary Duty: Where an executor or trustee is accused of not acting in the best interests of the estate or its beneficiaries, due to lack of knowledge, failure to follow advice, negligence or intentional wrongdoing.
- Will or Trust Interpretation: When the terms of a will or trust are unclear, beneficiaries may seek assistance of the court for the purpose of interpretation of the terms of the will or trust.
Estate litigation can be complex and emotionally charged because in addition to arising in the context of the period of grief following the death of a loved one, it often involves family members or long-standing relationships.
We listen to our estate litigation clients, advise them about the law and their various options, and we work diligently to assist our clients to achieve the best outcome available in the circumstances. It’s true that we do not have a magic wand (although we wish we did!). Sometimes this means practical and reasonable compromise to avoid the costs and risks associated with litigation, and to preserve family relationships, but compromise is only possible if all sides to a dispute engage meaningfully. We are experienced in contested estate litigation of all types.
Our experience of fixing external errors gives us a unique perspective on how planning mistakes are made, and how to avoid them.