Estate litigation including testator family maintenance claims

Overview

Coping with the death of a family member can be a stressful and traumatic time. These emotions are compounded where it is discovered, after the death of the deceased, that:

the deceased died intestate (did not leave a Will) and so the distribution formulas in the Administration and Probate Act 1986 apply;
the Will of the deceased did not make adequate provision for you (thereby necessitating the bringing of a “testator family maintenance” claim);
the deceased appeared to have made an “informal” Will, that is, prepared or signed a document that does not strictly accord with the statutory requirements for the making of a valid Will but, nevertheless, if can possibly be argued that it represented the deceased testamentary wishes and should be given effect to;
issues of interpretation of the Will arise; and
challenges to the capacity of the deceased at the time of signing their Will are made.

Experience

Our experienced team can help navigate you through this difficult time. The Hall & Wilcox Estate Litigation team prides itself on being proactive, keeping clients informed, and explaining issues and risks upfront. We have proven experience in this area and actively attempt to resolve matters by way of careful and strategic negotiation to ensure that each matter is completed as expeditiously and cost-effectively, and with as minimal impact on family relationships, as possible.

We have experience in various estate litigation matters including:

testator family maintenance claims - acting for the executors of estates, persons making a claim that inadequate provision was made for them and beneficiaries whose interests stand to be affected if another person’s claim for further provision is successful; and
having a Grant of Probate made in relation to an informal Will.

Expertise