Will Disputes

In the estate claims section, we have outlined the services we have provided for brining claims against estates.  These claims assume that the will is valid.  There are, however, many claims that can be advanced to challenge the validity of a will.  And there are many other claims that can be brought in a contentious probate context.  We have experience on all of the below:

Validity claims:  These are claims that a will is not a valid will.  Grounds for challenge include lack of due execution, failure to comply with the requirements of the Wills Act 2007 for execution,  want of knowledge and approval, lack of testamentary capacity, undue influence, fraudulent calumny and duress.

Executors and beneficiaries:  Advising executors and beneficiaries in relation to passing over executors named in wills or administrators on an intestacy, removal of executors named in wills that have accepted office, claims against executors and trustees for breach of duty, actions requiring an executor to account to the beneficiaries.

Contentious probate:  We advise on all aspects of probate, including applications for probate in solemn form (applications in common form can usually be dealt with by your non-litigation lawyer), recall of probate, caveats against estates and orders nisi, resealing grants of probate obtained outside of New Zealand.