Authors: Shane Campbell, Jared Ormsby
Published: 15 June 2022
Pages: 50

Introduction

Everyone dies. Most die leaving an estate of some kind. Many people have a will, but many do not. The realm of estates is a fertile ground for disputes and litigation. People have a tendency to argue over the assets of the deceased, even where they would not do so while they were alive.
This webinar and paper is designed to provide an overview of the avenues of challenge to wills and estates, as well as some related trust concepts. It provides some practical guidance as to how such claims should be conducted or defended, as well as providing an overview of the relevant legal concepts.
This paper is by no means intended as a comprehensive summary of contentious probate issues. It reflects topical claims that have been encountered, and some more common or emerging claims.

Content outline

• Introductory estate concepts
• The Wills Act 2007
• Probate
• Technical validity claims - allegations of want of form
• Validity claims - allegations the will is suspicious
• Accepting Validity - attacks against the estate
• Claims against personal representatives
• Role of executors and trustees in litigation
• A few costs issues