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.