CHALLENGING AN EXECUTOR
If you have an issue with the Executor or Administrator of a will or trust, it is possible to challenge them. Their legal duty is to act in the best interests of the deceased person’s estate or the beneficiaries of the trust. If there is a question around conflict of interest or whether they will act with honesty, you may have a legal case.
Contesting a gift
Unfortunately, after a person’s death, Trustees will often deny the existence of a trust, and claim that an asset was gifted to them. We represent people who wish to challenge the rights of another person to the assets they have received as a result of another’s death. While the trustee may claim the assets were a gift, our clients may claim they were meant to be distributed by the trustee to others in the family.
According to law, an individual is required to ensure that their spouse and children are not unjustly disinherited and are adequately provided for. We launch wills variation claims on behalf of spouses and children who have been unjustly excluded from an estate.
We represent clients who need the advice and guidance of a lawyer in order to secure their fair share from their deceased spouse’s estate. In every instance, we engage each client to understand his or her objectives for legal action. We offer practical and effective solutions tailored to meet their needs.
Undue influence & lack of capacity
These types of cases can be complex and difficult to prove, however, and may attract an award of special costs against you (if you fail to prove an undue influence claim). If you are concerned that undue influence or lack of capacity was a factor in your loved one’s estate plan, it is essential that you seek advice from an experienced estate lawyer.
We believe in our clients. Our dedication to justice includes helping those who have given of themselves for the benefit of others to receive what they are owed. As in all of our will dispute cases, we take the time to listen to our clients and understand what their goals are in seeking legal advice. We then offer efficient and practical legal solutions to meet their needs.
Validity of a will or a trust
Elder abuse is, unfortunately, a common occurrence and fact of everyday life in modern society. There are many cases where an unsuspecting testator is taken advantage of by a person they trust – often a spouse or child to execute testamentary documents to distribute their estate in ways that are against their actual wishes.
What is an estate asset?
Individuals have the right during their lifetimes to give away property as they wish or to hold it jointly with another person. For this reason, beneficiaries may be surprised to learn which of their loved one’s assets are considered assets within the estate and which are not included in the will.
Our cases vary significantly from client to client as each one seeks a just remedy in his or her circumstances. Estate disputes can arise in scenarios that revolve around the validity of a will or the actions of an executor. Claims can also be made on assets both inside and outside of a will.