Contentious Probate Estate Administration

Even with a Will that is valid, numerous problems and issues can arise in relation to the administration of a deceased person’s estate.

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Stuart Downey
Partner in Dispute Resolution

Even if the Will is valid, numerous problems and issues can arise in relation to the administration of a deceased person’s estate. Examples of such issues/disputes are as follows:

  • The person named as the personal representative in the Will may, for various reasons, be quite unsuitable to act in that capacity. It may be necessary therefore to take action to remove that person as personal representative.
  • Although on the face of it suitable, personal representatives do not always undertake and fulfill their duties as efficiently or as honestly as they should. Again, it might be necessary to apply for the removal of that person as personal representative.
  • All sorts of issues arise between beneficiaries and the personal representatives who are administering the estate. These can include disputes as to the valuation of assets; the identification of assets which should form part of the estate; how personal effects should be distributed and so forth. If these issues cannot be sorted out on an amicable basis then it may be necessary to apply to the Court for directions as to how these issues should be resolved.

We would endeavour to sort out these disputes on a sensible and pragmatic basis. If this proves to be impossible, however, then we are able to make appropriate applications to the Court in order to ensure that the administration of the estate is successfully concluded.

Related services

Construction and Interpretation of Wills

Issues of construction and interpretation can be awkward and difficult to resolve. We have considerable experience in the professional drafting of Wills and trusts.

Financial Abuse or Manipulation of Vulnerable Adults

Elderly or infirm persons can be subject to manipulation of care, welfare and finance. TWM has specialist knowledge in relation to these issues.

Inheritance Act Claims

You can claim for reasonable financial provision from a deceased person’s estate if the conditions are right, find out how TWM can assist you.

Mediation in Wills Disputes

In our specialist area of contentious trust and probate work, we refer the majority of our cases to mediation.

Will Challenges

Courts cannot set aside or vary the provisions of Wills simply because certain family members consider that they have not been treated fairly.

Wills, Trust and Estate Disputes

We provide a friendly and sympathetic service to our clients to achieve a resolution, advising on probate, Will disputes and estate administration.

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