Estate & Trust Disputes and Litigation

Conflicts about wills, estates and trusts can be stressful and can quickly become complex. We provide clear, strategic advice to help you understand your position, explore negotiated outcomes and, where necessary, pursue or defend estate and trust litigation in court.

• Challenging and defending claims for further provision - Eligible individuals can bring claims for further provision from an estate where a will, or the laws of intestacy, do not adequately provide for their proper maintenance and support. We represent both claimants and executors/beneficiaries in family provision proceedings, advising on prospects, evidence and likely outcomes, and working to resolve matters through negotiation or mediation where possible.​

• Will validity disputes - Disputes may arise about whether a will is valid, including issues of capacity, undue influence, fraud, improper execution or uncertainty in the wording. We act in proceedings to challenge or defend the validity of wills, obtain directions from the court where construction issues arise, and seek practical solutions to ensure the deceased’s intentions are respected as far as possible.​

• Executor conduct and removal - Problems can occur where executors are not fulfilling their obligations, are unfit to act, are causing delay or financial loss, or no longer wish to continue in the role. We advise beneficiaries and co‑executors about their options, including seeking information, directions or, where appropriate, removal and replacement of an executor. We also assist executors in responding to allegations of mismanagement.​

• Trust and superannuation disputes - Trusts and superannuation can be central to modern estate planning and may become the focus of disputes after someone dies. We act in disputes about the operation of discretionary and other trusts, decisions of trustees, and the payment of superannuation death benefits where there is disagreement between potential beneficiaries. Our aim is to protect your interests while seeking efficient, cost‑effective resolutions.