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Estate Disputes

Estate disputes can arise when there is conflict concerning the distribution of assets or challenges regarding the validity of a Will. These disputes can be emotionally charged and complex, often requiring legal intervention to reach a fair resolution. At Clohesy Legal we can advise if you have a legal claim against an estate or help you defend a claim made against an estate for which you are an executor.

A Will may be challenged on the grounds that the person who made it did not have the mental capacity to understand what they were doing, or that they were unduly influenced by another person. Sometimes unscrupulous people can coerce a vulnerable or elderly person to make or change a Will in their favour. Wills may also be challenged if there are concerns about the way in which the Will was executed, such as the absence of witnesses or signatures. These disputes typically occur when a family member has concerns that the Will does not reflect the true wishes of the deceased. To successfully challenge the validity of a Will, you must be eligible to do so, meet strict time limits, and provide clear evidence to support your claim.

Ambiguous Wills

Disputes over the interpretation of a Will can arise when there is ambiguity or confusion about the meaning of certain clauses. This can be particularly challenging when a Will is poorly drafted or contains conflicting provisions. There could also be a typographical error in the Will. We can assist with interpreting the language of a Will and, if necessary, it may be possible to have the Will amended by the Courts.

A family provision claimant must show that the deceased’s estate does not adequately provide for them. In determining whether to make a family provision order, a number of factors are considered which may include but are not limited to:

  • the deceased’s Will, or other evidence of the deceased’s intentions, including reasons why they have not included or not provided further for the claimant;
  • the relationship between the deceased and the claimant;
  • any obligations or responsibilities of the deceased to the claimant, any other person who could bring a claim, and the beneficiaries of the estate;
  • the size of the estate and any liabilities of the estate.

 How can Clohesy Legal help?

Resolving estate disputes can involve negotiation, mediation, or, if necessary, litigation through the Supreme Court. Seeking early legal advice is crucial to effectively navigate the complexities of an estate dispute and to ensure that any time limits for making or defending a claim are met.

We can provide guidance on the strengths and weaknesses of a case, gather the relevant evidence, prepare legal documents, and advocate for our clients in court. We can help regardless of whether you are contesting a Will or being sued as the executor of the estate and have received excellent results for numerous clients.

If you need assistance, contact [email protected] or call 0417 342 972.