In some cases, an eligible family member may Contest a Will of a deceased person, claiming that it failed to make adequate provision for the person’s maintenance, education and advancement in life. If you find yourself in this situation or are the executor of an estate facing such a claim, please visit our page on Family Provision Claims.
Family provision claims aside, other estate disputes are surprisingly common after someone dies. They can arise for various reasons and often in circumstances where there is already conflict between family members.
Common Types of Estate Disputes
Will Validity Challenges
These disputes question a Will’s legitimacy, citing factors such as the testator’s capacity to make the Will or that they were unduly influenced or coerced by somebody else in making the Will a certain way.
Will Interpretation Disputes
Ambiguities, conflicting clauses or even a typographical error in a Will can lead to disputes.
Executor Appointment Challenges
Disputes may arise concerning an executor’s suitability to act, or potential conflicts of interest. Appropriate legal advice can guide the process of challenging the appointment of an executor and exploring alternate arrangements.
Disputes Between Co-executors
People often nominate more than one person as executor of their estate. This is good practice, as it provides a failsafe if either of the executors dies before the testator, or is unwilling to act when the time comes. However, when executors are asked to work together to administer an estate, this can lead to disputes and conflicts between the executors themselves which can be difficult to navigate.
Executor and Beneficiary Disputes
Executors have a significant responsibility in managing a deceased estate. Not surprisingly, when an executor makes a decision that a beneficiary does not agree with, this can result in tension between them.
Resolving Your Estate Dispute with Professionalism and Empathy
Estate disputes can be complex and emotional. When the dispute cannot be resolved internally or it could cause loss to the estate or interfere with the wishes of the deceased, it’s usually time for an experienced professional to step in. An expert in estate disputes can provide invaluable guidance on the legal process, advise on potential outcomes, and assist in negotiating the dispute or preparing it for court, if necessary.
Our team has been managing estate matters and disputes for decades, having achieved excellent results. We encourage out-of-court settlements, and many clients have resolved their disputes through negotiation or mediation. Typically, this provides greater flexibility in the outcome, reduced costs and a faster resolution. As litigation often exacerbates already difficult relationships, negotiation and mediation can also help minimise their further deterioration.
In some cases, however, court is necessary, and you can rest assured that we have substantial experience in running litigated estate proceedings.
If you need assistance, call 02 9559 2075 or email [email protected].
Ready to Get Started?
Call or email us for guidance on Estate Disputes. We listen first.