areas

of

practice

Wills, Estates
and Trusts Disputes

We have specialised and extensive experience in providing comprehensive representation and advice in all aspects of wills, estates, trusts, equity and probate litigation.

It is not lost on us that disputes in these areas can be emotionally charged and complex, and we are committed to offering clear, practical, and compassionate guidance to help you navigate these challenges.

Our team is led by Thomas Natoli who is a LIV Accredited Specialist in Wills & Estates.

We can assist youwith advice and representation in relation to:

Family provision claims

Acting for claimants seeking adequate provision from a deceased estate pursuant to Part IV of the Administration and Probate Act 1958.
Acting for defendant executors or administrators in defending Part IV claims made against a deceased estate.
Acting for beneficiaries or other interested parties who may be affected by a Part IV claim.

Will validity disputes

Acting for claimants in challenging, and defendant executors in defending, the validity of a will on grounds including lack of testamentary capacity, knowledge and approval, fraud and forgery, and undue influence.

Construction of wills

Acting for executors, trustees and beneficiaries in matters where uncertainty arises regarding the meaning and proper interpretation of words or clauses in a will or trust instrument. Including matters in relation to informal wills, the identity of beneficiaries, entitlement of beneficiaries, and gifts of property (including questions of ademption).

Claims against attorneys, executors and trustees

Acting for claimants seeking to challenge the conduct of fiduciaries for failure to comply with their duties (including claims for removal, breach of trust and compensation).
Acting for beneficiaries and advising them of their rights.
Acting for defendant attorneys, executors, and trustees who are confronted with claims against them.

Equitable claims

Acting for both claimants and defendants in relation to various equitable claims including estoppel, mutual will agreements, resulting trusts and constructive trusts.