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Contested probate

The complex nature of probate can give rise to disagreements or disputes about how assets are distributed or who should benefit from parts of a deceased person’s estate.

We typically seek to resolve claims through sensible negotiation or mediation, only commencing litigation as a last resort.  By taking a smart and measured approach to resolving claims we seek to minimise distress for our clients and keep costs under control.

Our experienced team of disputes specialists have considerable experience and expertise in this complex field.  Our typical work includes:

  • Acting for executors to defend unjustified or exaggerated claims made against the estate
  • Challenging wills (often entered into close to the testator’s death) that disinherited clients believe were entered into under duress by a beneficiary or when the testator lacked capacity to understand the consequences of their actions   
  • Making claims against estates on behalf of people who were maintained by the deceased in their lifetime but for whose continued maintenance the will made no reasonable provision 
  • Acting for charities or other organisations who believe they are owed money from an estate.

 

Examples of our work:

Contesting a claim made by a family member against the executors of an estate relating to a provision in the will for a proportion of the estate to be left to charity.  Our advice helped our clients to overcome the claim and ensure the smooth administration of the deceased’s estate.

Supporting the beneficiaries of a family will to claim their rightful inheritance.  We helped our clients to defend a claim against them brought by the deceased’s partner concerning a property that constituted part of the estate.  After an unsuccessful mediation, a settlement was reached that allowed our clients access to property that was rightfully theirs. 

Defending a claim by our client’s brother that our client had pressured his elderly mother to change her will and leave her home to our client only.  At the trial we called the solicitor (from another firm) who had prepared the will.  She told the court that she had met alone with the elderly lady, who the solicitor described as ‘formidable’, and the lady had predicted to her that her disinherited son would try to challenge the change in her will after her death.  The claim against our client was dismissed.

 

Related Services:

Bankruptcy  Co-habitation Disputes  Contract Disputes  Debt Recovery 

Defamation  Fatal Accident Claims Harassment  Neighbour Disputes

Residential Property Disputes

John Wiblin

Partner and Head of Dispute Resolution

Lauren MacKenzie

Senior solicitor specialising in Dispute Resolution and Mediation

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John's knowledge is superb. He also takes the time to explain the legal jargon so it is easy to understand what is happening and the consequences of action
  • Senior Buying Manager, food retailer
  • About: John Wiblin
John was engaged by my company on a contract law problem, which went to High Court and we won the day. I found John to be tremendously supportive throughout the process, gave very clear precise advice and organised extremely professional Counsel representation.
  • Managing Director, engineering equipment manufacturer
  • About: John Wiblin
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