Estate Litigation

Disputes over loved ones’ Estates can be extremely complex, stressful and often emotionally confronting. Estate Litigation not only raises issues about the actual matter in dispute (i.e. being left out of a Will or the validity of a Will), but it also raises issues within the family unit (particularly relating to certain relationships between family members and the deceased).  These family issues if not dealt with correctly during the Estate Litigation process, can have lasting disastrous effects upon the family unit. 

At ACL-Law we are not only concerned with resolving the dispute but we are also concerned with attempting to salvage and foster your ongoing relationship with your family members (where possible of course).  Based on our experience over the years we have found that a multi faceted approach to resolving Estate disputes not only resolves the immediate legal issue at hand but it can also provide some form of comfort to the parties moving forward. 

To us, Estate Litigation is about more than taking a matter straight to court, which is an expensive time-consuming process. At ACL-Law we strive to attempt to firstly resolve the matter by alternate resolution methods, however, where the matter is unable to be resolved, we are more than experienced and confident to take the matter to court for determination and resolution.  

Below is a short rundown on the types of matters ACL-Law can assist you with:

  • Contesting a Will. 
  • Informal Will Applications.
  •  Defending Claims made against an Estates.
  • Solemn Form Proceedings (e.g. challenging a Will based on validity, the capacity of the Will maker at the time the Will was made, undue influence).
  • Facilitating early dispute resolutions and mediation.
  • Acting as Litigation Guardian.
  • Burial Disputes.
  • Defending challenges made against Superannuation death benefit entitlements.
  • Applications relating to the interpretation and construction of provisions within a Will.
  • Applications for Trustee Directions. 
  • Compensation Applications.
  • Applications for removal of Executors.
  • Unravelling transactions the Deceased may have been involved in prior to their death or recovering property/assets which the Attorney may have received whilst acting as the deceased’s Power of Attorney. 
    (The classic example is where the deceased prior to death gives away their house to a particular family member, or to their Power of Attorney or to a Third party). 

No one ever likes to feel wronged.  At ACL-Law we work with you to minimize some of the stress and the complexity associated with Estate Litigation by providing you with expert, up to date advice on your matter while building the strongest case possible to achieve a favourable outcome.