Estate and trust litigation is a unique and complex area of the law. Estate litigation is also governed by a separate set of procedural rules requiring detailed legal knowledge. Contentious issues often arise at emotionally difficult times and litigation is not always the best solution.
The Estate and Trust Dispute Resolution Team at Field Law has extensive experience working with executors, administrators, attorneys, agents, trustees and beneficiaries in the negotiation, mediation, arbitration and litigation of claims. We have the knowledge and experience to assist you with resolution of a wide range of disputes relating to wills, trusts, and estate administration, including:
- Challenges to wills due to concerns about capacity, undue influence or suspicious circumstances
- Will validity and interpretation disputes
- Challenges to transfers of assets during a person’s lifetime
- Claims by dependants, family members and adult interdependent (common law) partners
- Concerns about Enduring Powers of Attorney and Personal Directives
- Accounting to beneficiaries by executors or administrators of estates, trustees, or attorneys under a power of attorney, including executors’ compensation and passing of accounts
- Concerns about improper dissipation of estate or trust assets
- Applications to the Court for advice and direction about estate administration
- Trust variations
- Disputes about compensation of trustees, executors, administrators, attorneys and agents
We focus the individual circumstances of each of our clients and the early and practical resolution of claims to minimize costs, while seeking the best possible outcomes. We carefully consider and offer, as may be appropriate, a range of dispute resolution and collaborative alternatives to the traditional litigation process.