Probate and Administration of Estates

When a person dies, probate needs to be granted before their estate can be distributed to their chosen beneficiaries. That is usually a simple process.  However, sometimes there are disputes, which require legal resolution.

Contentious probate is notoriously complex and includes:

  • Interest actions, namely, disputes concerning the interest of someone claiming an entitlement to a grant of some kind in connection with the estate of a deceased person.
  • Claims for revocation of a grant already made.  Specialised legal issues arise in cases involving the validity of a Will, such as: want of due execution, capacity, undue influence, fraud, knowledge and approval, sham, revocation, forfeiture and questions of interest.
  • Claims regarding mutual Wills and proprietary “estoppel” (a well known legal principle to do with fairness and justice).
  • Applications for administration of an estate pending a probate claim.

There may also be disputes over trusts – where someone (for example, a parent) leaves their estate on trust for someone else (for example, their children) which is administered by a trustee or trustees. Disputes might involve:

  • Claims by beneficiaries against a trust or trustees.
  • Claims by third parties against a trust.
  • Applications by trustees for direction.
  • Removal or substitution of trustees.

If you are involved in a contentious probate or trust dispute, your lawyer will be able to advise and assist you.

 

Which lawyer should I choose?

If you need expert advice on a probate matter choose a lawyer on myLawyer. Your lawyer will provide you with guidance so you that you know where you stand and can take the right decisions about what to do next. 

Find your Probate and Administration of Estates Lawyer now!