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Estate Litigation

Sometimes, the administration of an Estate may lead to litigation. This litigation may be because the Executor proving the Will is believed to be proving the wrong Will or that the person proving the Will is not entitled to be the Executor.

More often, estate litigation involves a claim for further provision being made against the estate. If you are the Executor of that estate it is your obligation to uphold the terms of the will and protect the interests of the beneficiaries. This may mean that you proceed to court, or it may mean that a settlement is negotiated. It is important to have good advice as to your responsibilities during these proceedings.

If you are a claimant and do not feel that sufficient provision has been made for you then you must bring an application within six months of the date of the Grant of Representation. Two of the things that you will need to prove to the court are that the deceased had a moral duty to provide for you, and that you have financial need. Financial needs can be comparative to the other beneficiaries.

For further information, please contact Seniors’ Law @ Rennicks on 13 000 RENNICKS (1300 073 664) or email seniorslaw@rennicks.com.au