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Contested Estates

If you are an executor of an Estate or a beneficiary caught up in a dispute, it can be a difficult and stressful time. To alleviate some of these stresses, you should seek legal advice.

Contested Estates is a complex area of the law. Only “eligible persons” can make a claim under the Succession Act and even for those people, there are criteria and factors that make each case unique.

If you think you have been left out of a Will unfairly, or you have not been properly provided for in a Will, and fit into one of the categories of “eligible persons”, you may be able to make a claim.

Persons who may be eligible to claim include:

  • A spouse of the deceased, including a de facto spouse or a person in a domestic relationship with the deceased at the date of death (including same sex relationships) 
  • A child of the deceased 
  • A former spouse of the deceased 
  • A person who was dependant on the deceased.

Lawyers from the Litigation & Dispute Resolution team at Coleman Greig have considerable experience working with the Succession Act (and its predecessor, the Family Provision Act) and can provide sound and realistic advice to clients who are executors or beneficiaries of an Estate or who think they may have a legitimate claim on an Estate. Our lawyers can review the case, determine the key issues, including the likelihood of success and the steps you should take moving forward.

For more information, or to make an appointment at one of our offices, please select from the below.

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Wills & Estate Planning