We have seen an increase in disputes arising from Wills.
These disputes come several different forms. They can be a challenge to the Will by way of a family provision claim, contesting the validity of a Will, or making some other argument arising from promises that may have been made during the lifetime of the deceased person.
Challenging a Will
Challenges to a Will arise when a person they do not feel that they have been adequately provided for by a Will or upon intestacy. Plaintiffs are usually – but not always – seeking a greater sum of money from the estate to resolve their claims. Such claims must be made within fairly strict time limits.
> Read more about Challenging a Will
Contesting a Will
Contests to a Will arise when a person claims that a Will is not truly the last Will of a deceased person. This can be because of a lack of testamentary capacity, fraud, undue influence, and/or suspicious circumstances with a lack of knowledge and approval. This is an extremely complicated area of law. Generally speaking, no strict time frames apply to challenges of this kind but you should act quickly if you have any concerns.
Proceedings can be brought against an estate on the basis of promises made by a deceased person during their lifetime. This may oblige the deceased person to have left particular property to a particular person and if they do not discharge their obligation in this regard then a constructive trust to apply to the assets that they ought to have left to that person.
> Read more about Contesting a Will
Defending a Will
Executor and administrators can face unique challenges and a lot of stress and uncertainty when they are defending a Will. Executor and administrators always benefit from properly understanding their obligations, particularly where a settlement may affect the interests of other beneficiaries, particularly children.
> Read more about Defending a Will
Will Dispute Lawyers
Farrar Gesini Dunn specialise in representing all parties to Will disputes. We take great pride in providing top quality advice to plaintiffs and defendants to a Will dispute particularly in the ACT, New South Wales, or Victoria. We also act for parties in all other Australian jurisdictions.
Sydney
Suite 5.01, 2 Bligh Street
Sydney NSW 2000
Melbourne
Suite 3, Level 15/385 Bourke St, Melbourne VIC 3000
Canberra
Level 1, 10 Rudd Street
Canberra ACT 2601
Coffs Harbour
Unit 3/27 Orlando St, Coffs Harbour NSW 2450
Gillian Hunter
Director – Will Dispute Lawyer
Gillian brings empathy to her practice and is focused on preserving relations in the resolution of disputes, where possible.
Revered by the legal fraternity, Gillian is a former member of the Elder Law and Succession Committee for the ACT law society, where she contributed to the development of legislation and education to protect elderly and vulnerable members of the community.
Gillian is a self-confessed Wills and Estates tragic who finds satisfaction in harnessing her acute knowledge of the applicable legislation and case law to procure good outcomes for her clients.
Gil’s mantra is “conversations should be bridges, not battlefields” and she applies this in her dealings with other lawyers, to bring about innovative and prompt resolutions.
Jessica Win
Will Dispute Lawyer
When it comes to estate litigation matters, Jess is capable as both a strategist and a tactician. Having also operated in probate and administration for her whole professional career, Jess manages disputes to both engineer the most commercial and meaningful outcomes for clients and ensure that these ideal outcomes can practically take effect. Jess is passionate about guiding her clients throughout the whole litigation experience, from providing initial advice to carrying out any final work following the finalisation of a dispute.
Jess is also a big proponent of a multidisciplinary approach to problem-solving. Jess has a developed understanding of both property and tax law which assists clients in understanding how certain outcomes may affect their financial positions in both the short- and long-term, both in estate planning and in dispute resolution.
Anastasios Nicolaidis
Will Dispute Lawyer
Taso has been taking care of the legal needs of individuals for over a decade. His experience includes drafting wills, handling deceased estates, navigating commercial disputes, assisting with property transactions, and civil litigation (estate and general).
When it comes to disputes, he strives to deliver. He delivers advice in a way that ensures clients appreciate the benefits and risks. His calm and thorough approach to litigation makes him a formidable and respected opponent.