Contested Will Disputes and Claims under the Inheritance (Family and Dependants Provision) Act 1972 (WA) (Inheritance Act)

We have considerable expertise and experienced in all areas of contested wills,  estates, and trust disputes (including discretionary trust disputes) and regularly appear for executors and beneficiaries Family Provision Act proceedings. 

 

Our recent experience includes:

  • acting for the trustee and guardian of a minor, who was the primary beneficiary of a significant deceased estate (in excess of $2 million) in successfully defending a claim against the estate seeking in excess of $700,000.00. A private settlement of the claim was achieved for approximately 1/8 of the claim, including legal costs.

  • advising on, and representing clients in, claims under the Family Provision Act;

  • advising executors, administrators and trustees of their obligations in each of those capacities, both before and during any anticipated litigation.

  • advising clients on the validity of a will in the context of questions as to testamentary capacity, undue influence and informal wills, including the necessary Court applications required to prove a will;

  • advising ‘next friends’ and ‘guardians ad litem’ acting on behalf of infant beneficiaries;

  • assisting with superannuation and death benefit disputes;

  • appointment  and removal of guardians and administrators under the Guardianship and Administration Act.