Estate Litigation and Will Disputes

The law allows certain people who are unhappy with the contents of a Will to make a claim against the proposed distribution of a deceased Estate. These are often referred to as Testator Family Maintenance (TFM) or Part IV claims. Claims can also be made against the validity of a Will which can ultimately lead to a prior Will being declared the last valid Will of the deceased, or to an intestacy. In either case, both claimants and executors need to be aware of their legal rights and responsibilities.

We can assist by:

  • Advising potential claimants as to their right to challenge the distribution of an Estate and/or the validity of a Will.
  • Advising executors as to their responsibilities in so far as any challenge to a Will is concerned.
  • Advising beneficiaries of an Estate as to what a challenge to a Will means to them.
  • Advising claimants and executors as to the merits of a potential or actual claim against an estate.
  • Acting on behalf of a claimant in challenging the distribution of an estate including issuing proceedings, preparing necessary evidentiary material and guiding the claimant through the litigation process.
  • Acting on behalf of an executor in defending the Will and the Estate against a challenge brought by a claimant.
  • Negotiating an outcome satisfactory to a claimant or executor.