Claiming against an estate
We are relationship and family law experts. Our dedicated team work exclusively in this area with complete focus as the issues we deal with are often sensitive, complex and urgent.
Understanding common estate disputes
A number of issues can arise upon death, including questions about a person’s capacity when executing their last Will, whether they were unduly influenced in their decisions, or if they failed to fulfil a moral obligation to a family member when creating their Will.
Challenging a Will - legal support for complex claims
If a Will was made by a person who suffered from dementia, their last Will may be invalid, and a previous Will could apply. Equally, if they were under the undue influence of another person when giving instructions for their Will, or when executing it, it may be invalid.
The deceased person may also have failed to discharge a moral obligation to a family member. This family member may have a claim under the Family Protection Act, and if they were a partner, the Property (Relationships) Act.
Even if you are not entitled to a claim under either of the above two Acts you may have a claim because the deceased promised to leave you something in return for services you provided.
If the deceased failed to provide for you as promised, even though you provided the service, you may have a claim under the Law Reform (Testamentary Promises) Act.
We can provide legal advice as to the prospects of success and assist you in making a claim or court application, when necessary.
Want to know if you have a valid claim? Talk to one of our experts.
