Trust, Estate and Will Disputes

When a loved one passes, disputes over their assets can bring up pain, resentment, and attitudes of entitlement that further exacerbate communication breakdowns and require intervention to resolve the dispute appropriately. 

When contesting a Will, disputing issues related to a trustee, trust, executor or estate, or questioning the rightful division of an estate, it’s imperative to consult a specialist Will, estate or trust disputes lawyer who can provide effective solutions in times of bereavement, but also provide strong advocacy and legal knowledge where needed. 

Our trust, estate and Will dispute lawyers are experts at the art of dispute resolution and can help with all aspects of trust, estate and Will disputes. We can also act on behalf of elderly clients, who may have experienced financial elder abuse or exploitation at the hands of family or friends. 

As disputes can be emotionally charged and stressful, our lawyers are committed to listening with compassion and the depth of understanding only achieved through legal expertise and extensive experience in resolving disputes of this kind. 

We simplify the dispute resolution process and attempt to negotiate an effective outcome where possible. Where disputes cannot be resolved, we provide strong advocacy and legal knowledge for our client’s interests and when required in court. 

Our Will and estate disputes lawyers understand that family dynamics can become strained when a loved one passes, and complex disputes can arise that require clear and effective communication and advice. 

Contesting a Will involving family trusts, SMSFs or significant estates and inheritances requires supportive and strong advocacy in any mediations, informal conferences, meetings or court proceedings. 

As specialist Will and estate disputes lawyers, we help you navigate these stressful times, providing clear and concise advice and representation on all types of Will and estate disputes, including: 

• defending, contesting or challenging the validity of a Will, including for lack of testamentary capacity, undue influence or unconscionable conduct 
• claims by or against an executor or administrator, including applying to remove an executor
• bringing or defending claims seeking further provision from an estate 
• determining the correct interpretation of a Will
• enforcing a mutual Will agreement
• proving an informal Will (where the Will is not properly signed or witnessed)
• applications for court appointed administrators 
• complex grants of probate or letters of administration 
• equitable claims, including proprietary estoppel and constructive trusts
• executors or administrators applying to the Supreme Court for judicial advice and directions
• negotiation and preparation of deeds of family arrangement 

We advise executors in administering complex and large (or simple and small) estates to ensure they discharge their fiduciary duties according to law and avoid disputes with beneficiaries. Estates are becoming increasingly complex and large and often involve family trusts and/or SMSFs which if not administered and dealt with properly can lead to disputes.

In appropriate cases, we advise and represent executors in applications to the Supreme Court for judicial advice and directions.

We also advise beneficiaries in relation to the administration of estates and the conduct of executors or administrators.

Disputes between beneficiaries, or between a trustee and beneficiary, can arise when there is a fundamental difference of opinion regarding aspects of how a trust is run and administered. Whether disputing the interpretation or validity of a trust deed or insisting on the appointment or removal of a trustee, disagreements and conflict can arise and bring proceedings to a head.

Trust disputes can be complex and involve significant financial assets. Our specialist trust lawyers can help in resolving trust disputes related to: 

• interpretation of the trust deed
• validity of trust deeds
• validity of variations to trust deeds
• appointment or removal of trustees
• conduct of a trustee
• distribution of trust assets
• exercise of a trustee’s discretion, including favouring specific beneficiaries over others
• a trustee acting in their own self interest
• a trustee treating the trust and its assets as their own personal assets
• a trustee’s refusal to provide trust documents and information to beneficiaries such as the trust deed, deeds of variation or financial statements
• reaching agreements regarding the ongoing administration, separation, vesting or break up of trusts.

We advise trustees in administering complex and large (or simple and small) trusts to ensure they discharge their fiduciary duties according to law and avoid disputes with beneficiaries. This may involve applications to the Supreme Court for judicial advice and directions where required.

For example, the exercise of trustee discretion in distributing the assets of a trust can often cause disputes between beneficiaries and trustees. It is important to be properly advised during this process to avoid breaches of trustee duties.

We also advise beneficiaries in relation to the administration of trusts and the conduct of trustees, including actions and decision making of the trustee, requests for trust documents, and rights of beneficiaries. 
 

We also regularly provide advice to clients who have concerns about their Will being challenged, about trust disputes, and concerns about ongoing trust administration. This advice examines the risks, the current structures, and then provides a strategy to reduce or extinguish those risks completed.

Financial elder abuse, also referred to as ‘inheritance impatience’, refers to the exploitation of elderly people by their family members, caregivers or other trusted individuals who take advantage of their vulnerable position to gain access to their financial resources.

Our specialist lawyers are well placed to assist those who are vulnerable to or under threat of financial elder abuse, which can take many forms, including theft, fraud (actual or equitable), coercion, or undue influence. 

With a proven track record of success in handling financial elder abuse cases, we can help with: 

• overturning an improper transfer of property or preventing the sale of an older person’s home without their authority or consent
• recovering misappropriated funds or other assets, including money loaned or borrowed on uncommercial terms or that has not been repaid
• seeking the removal of an attorney or administrator who is failing to act in accordance with their legal duties
• advising on estate planning when experiencing pressure from family members or third parties
• contesting an application for the appointment of a guardian or administrator.