Disputing A Will
The death of a loved one can be devastating, made harder if there are disputes or challenges over their estate. If you believe you have been unfairly left out of a will or should be entitled to a greater proportion of a family inheritance, there is legal recourse.
The validity of a Will can be disputed on the basis that the person making it did not sign or have it witnessed properly, they did not know or approve its contents, there was some form of undue influence over them or they did not have the capacity to do so.
Our team, which works closely with our Litigation and Private Client groups, is made up of lawyers who have specialised in this field for many years with a highly successful track record. We are here when it matters most.
In addition to challenges to wills, we represent our clients on a range of issues including estate administration and executor removal disputes, entering and challenging caveats, claims arising from negligent will drafting/execution, Power of Attorney or Deputyship issues, as well as other inheritance and trust related-disputes including disputes relating to funeral wishes.
We offer an array of bespoke funding options to suit your individual needs and case, from conditional fee agreements to deferred options and fixed fees.
Leading Independent Law Firm
Our expert team can help you successfully bring or defend claims to contest wills or trusts.
If you believe a will is invalid, that you have been unfairly left out, or should be entitled to a greater proportion of a family inheritance due to your own specific circumstances or needs, we can help.
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We are proud of our heritage. Practising law since 1815, our mission is to make a difference in everything we do.
We understand that our clients need not only legal services but also advice and support; especially in disputes involving family members. We ensure that we support our clients through every step of the process
FAQs
What are the duties of an executor?
The duties are defined by legislation and include:
- Making funeral arrangements.
- Preparing a complete list and valuation of all the testator's assets and liabilities.
- Protecting all the assets of the Estate against theft, fire, loss and any other destruction.
- Advertising for creditors of the Estate.
- Paying all outstanding debts including funeral expenses, estate administration expenses and taxes, before distributing the Estate to the beneficiaries.
What can be done if the executor is not fulfilling their duties?
Beneficiaries have many options available if an executor is not carrying out their responsibilities. The appropriate route to take can depend on what the executor has done (or has not done).
We have had experience in dealing with a wide variety of complaints against executors including executors not communicating, executors not taking any action to administer the estate, keeping estate assets (or moving into a property owned by the estate), executors acting against the interests of beneficiaries and executors failing to progress the administration in a prompt manner.
Many disputes can be resolved by removing the executor from their role and replacing them with a more suitable person. In other cases, the executor can be compelled to provide information to the beneficiaries of the estate which often has the effect of encouraging them to finalise and distribute an estate.
How can I remove an executor?
The Court has a discretionary power to terminate the appointment of an executor or appoint a substitute, but it will not remove the executor lightly. Evidence is required to show why the executor is unsuitable to continue in the role, which the Brabners Contentious Probate team can advise upon and help to gather.