Probate & Trust Disputes
Disputes relating to the administration of an estate or trust can encompass a wide range of complex issues, often becoming emotive and challenging for all involved. Understanding these disputes is crucial for beneficiaries, executors, and trustees alike. Seeking advice promptly when a potential dispute arises increases the chances of reaching an amicable resolution.
Refusal to Provide a Copy of a Will or Details of an Estate
Executors and residuary beneficiaries have the right to see the deceased's will and estate details. Disputes may arise if an executor or trustee refuses to share this information, leading to suspicions of misconduct or mismanagement. If you face this issue, contact us for assistance in obtaining a copy of the will and ensuring transparency in estate administration moving forward
Concerns Regarding Estate or Trust Administration
Beneficiaries might have concerns about estate management, including asset valuation, debt payment, or asset distribution. If beneficiaries believe the executor or trustee is acting improperly, they may initiate a dispute to compel proper estate administration. Executors or trustees may also disagree on estate management, especially if multiple individuals hold these roles, leading to conflicts over decision-making or financial management. We can assist with these claims, addressing issues early to resolve them swiftly and cost-effectively without court intervention.
Removal of Executors or Trustees and Claims for Breach of Duty
Executors and trustees must act according to their fiduciary duties, prioritizing beneficiaries' interests, avoiding conflicts, and managing the estate prudently. Breaches, such as mismanagement or negligence, can lead to claims for damages or asset recovery. Applications can also be made to remove and replace an executor or trustee, though these are costly and lengthy. Early communication is crucial to reach agreements without court involvement, as disputes can become entrenched over time.
Burial Disputes
Burial disputes arise when family members or interested parties have conflicting views on burial or cremation arrangements. These disputes often stem from differing interpretations of the deceased's wishes or family dynamics. Clear communication and documentation of final wishes can prevent misunderstandings. If you find yourself in such a dispute, or as an executor balancing family wishes, contact us for guidance.
Donatio Mortis Causa
Donatio mortis causa refers to gifts made in contemplation of impending death, valid only if the donor dies. Disputes arise when beneficiaries claim such gifts, unsupported by the will. Claimants must provide evidence of the deceased's intentions. This specialist claim is often overlooked, so contact us if you believe you have a claim.
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Caveats, Warnings, and Appearances
A caveat is a formal notice lodged to prevent probate granting until concerns are addressed. Filed by interested parties, caveats protect their interests by halting probate. Executors may respond with a warning, requiring the caveator to substantiate their claims. If the caveator doesn't respond, the caveat may be removed, allowing probate to continue. If an appearance is lodged, the caveat becomes permanent, removable only by consent or court order. Navigating these complexities is essential in probate disputes to ensure timely estate resolution and asset distribution.
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