CONTESTED WILLS & ESTATES

Contested issues in Estates

It is an unfortunate reality that many disputes arise as a result of the administration of an estate after the death of a loved one. It is frequently the case that one or more of the spouse or children or dependants of the deceased consider that they have not been properly provided for by the last will of the deceased, or, perhaps, that the last will is not a true reflection of the deceased’s wishes, due to undue pressure while the will was being made, or due to a concern that the deceased did not have mental capacity to make a will at the time. We have published detailed articles covering many of the issues that arise at this time – please review our blog posts for more detail. Whether you are an executor trying to complete his or her obligations under a will, and wish to ensure that your actions are not subject to legal challenge, or if you are a person who is concerned that merely following the terms of the existing will will lead to injustice, we have the experience and knowledge to help.

Where we come in?

  • Family Provision Applications;
  • Construction & Rectification Applications;
  • Applications for removal of executors/administrators;
  • Estate accounting;
  • Trust related disputes - interpretation; enforcement
  • Equitable Claims - constructive/resulting trusts; undue influence/unconscionable conduct; restitution;unjust enrichment; accounting
  • Superannuation claims
CONTACTS FOR THIS AREA OF LAW
Andrew Smyth

Andrew Smyth

Commercial Law Court Work & Litigation Family & De Facto Law Wills and Estates
With 30 years’ experience working in and managing business, Andrew Smyth is sought after by industry and commerce for his specialist knowledge in structuring, regulatory compliance…
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Sean Powell

Sean Powell

Court Work & Litigation Wills and Estates
Sean specialises in estate disputes, estate administration and estate planning, with a particular focus on contested wills. In line with his focus, he will soon complete…
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Chris Kohler

Chris Kohler

Court Work & Litigation Wills and Estates
Chris is a senior litigation solicitor, specialising in resolving commercial disputes and deceased estate disputes. His 30 years of experience in litigation have seen him resolve…
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Nathan Rutherford

Nathan Rutherford

Wills and Estates
After graduating in 2016 with a Bachelor of Laws (Honours) and a Bachelor of Fine Arts (with distinction) and being admitted as a solicitor in the…
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Allison Kelly

Allison Kelly

Wills and Estates
Intrigued by law and justice in Australia, Allison pursued a path in the legal profession through rigorous studies during 2012 to 2018 and achieved both a Bachelor…
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Isabella Phillips

Isabella Phillips

Court Work & Litigation Family & De Facto Law Wills and Estates
Bell is a solicitor in our Succession & Litigation team and has taken to specialising in estate litigation. Bell graduated from Bond University with a double degree in…
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