Estate Claims

We advise and act on many issues relating to wills, estates and probate, including the following:

Validity Claims: Claims that an apparently valid will is not in fact valid for reasons including lack of due execution, want of knowledge and approval, lack of testamentary capacity, undue influence, fraudulent calumny and duress.

Validation Claims: Claims to validate wills that do not meet technical requirements of a will under section 14, 30 and 31 of the Wills Act 2007. We also advise on rectification claims, although the remedy is narrow given the statutory rectification jurisdiction.

Third-party claims: Bringing and defending claims relating to debt, trust and constructive trust allegations.

Statutory Claims: Claims against valid wills including the Family Protection Act 1955 (claims for inadequate maintenance and support), the Family Proceedings Act 1980, the Law Reform (Testamentary Promises) Act 1949 and the Property (Relationships) Act 1976.

Executor Issues: Applications to pass over executors, directions to renounce probate, applications for removal, applications for an account by executors and trustees, claims for breach of duty (including unlawful distributions).

Probate: Applications in solemn form, applications to re-seal probate, applications to recall probate, estate caveats and 
orders nisi.