Estate Disputes

At BMA House Lawyers, we possess exceptional proficiency in addressing disputes that may emerge following the passing of a cherished family member. Whether the resolution calls for alternative dispute resolution avenues like mediation or necessitates legal proceedings through the courts, Igor and his team are deeply committed to maintaining a compassionate, collaborative, and non-adversarial approach, with the goal of preserving family relationships amidst challenges.

Within New South Wales, estate disputes are subject to specific laws and procedures that provide a structured framework for individuals to assert their rights and address concerns. Engaging professional legal counsel is paramount for adeptly navigating the intricacies of such disputes. We offer invaluable guidance on assessing case strengths and weaknesses, collecting pertinent evidence, drafting legal documentation, as well as skillfully negotiating and advocating on your behalf.

Even in the face of emotionally charged and intricate disputes, Igor consistently upholds the values upheld by the esteemed international professional organisation based in London, The Society of Trust and Estate Practitioners (STEP), of which he has been a devoted member since 2009. STEP consists of various professionals such as barristers, solicitors, members of the judiciary and accountants, who deal with various aspects of trusts and estate work. Given that Igor very often is involved in international disputes, sometimes cooperation with other practitioners in countries other than Australia can take considerable time to resolve. However, STEP members can quickly remove barriers and resolve even the most difficult of issues in the most efficient fashion.

Validity of Wills

Some estate disputes involve challenges to the validity of a Will itself. A Will may be challenged on various grounds, including allegations of lack of testamentary capacity, undue influence, fraud, or improper execution. These disputes typically occur when a family member has concerns that the Will does not reflect the true wishes of the deceased.

If a Will is found to be invalid, then a previous Will of the deceased may be used. If there is no valid Will, then the deceased may be found to be intestate, in which case their assets will be distributed to their closest family members according to the rules of intestacy.

BMA House Lawyers possess a distinct advantage in effectively addressing estate disputes that encompass international assets. Particularly noteworthy is our ability to navigate complexities arising from disputes involving non-common law jurisdictions, such as Russia, which often feature incongruous legal principles. Igor Kazagrandi and his accomplished team have demonstrated a remarkable aptitude for resolving disputes that initially appeared entrenched in deadlock, showcasing their prowess in revitalising seemingly stalled negotiations between opposing parties.

Family Provision Claims

If you have been left out of a Will or believe you have been unfairly treated in terms of the amount of your inheritance, you may be able to make a claim against the estate. In New South Wales, eligible individuals, such as spouses, children, and dependents, have the right to make a family provision claim if they believe they have not been adequately provided for in the deceased’s Will, or under the proposed distribution of an intestate estate.

A number of factors will influence the success of such a claim, including the size of the estate, the financial needs of the claimant, and the relationship that existed between the claimant and the deceased.

Determining whether you are eligible to make a family provision claim can be complex and strict time limits apply for making a claim. We can help whether you are pursuing a family provision claim, or the executor of an estate against which a claim has been made, but it is important to obtain legal advice promptly.

Resolving Estate Disputes

In recent years, alternative methods of resolving estate disputes have gained traction in New South Wales. These approaches can help preserve family relationships and reduce the adversarial nature of litigation.

Negotiation and mediation are the most common alternative means of resolving estate disputes. For instance, in the case of family provision claims, negotiation is usually conducted between the lawyer for the claimant and the executor of the deceased estate or their legal representative. Often these negotiations result in an efficient, cost effective and mutually satisfactory outcome for both sides.

Mediation is slightly more formal in that it involves the assistance of a neutral third-party mediator who facilitates discussions between the parties, helping them explore potential resolutions and reach a mutually acceptable agreement. This approach allows the parties to maintain control over the outcome and is more cost-effective and time-efficient than going to court.

Litigation

While most estate disputes can be resolved through mediation or negotiation, some intractable disputes do ultimately require litigation. In New South Wales, the Supreme Court has jurisdiction over estate disputes. A party seeking to make a family provision claim may file proceedings in the Supreme Court’s Probate Division. The court will assess the evidence presented by both sides and make a determination based on the applicable laws and principles of equity.

At every stage of contesting or challenging a Will, it is important to have sound legal advice from an experienced professional. A key focus of our practice is contested estate litigation including family provision claims. We have successfully represented clients in the Supreme Court of NSW in complex cases seeking probate of informal Wills and letters of administration under the law of intestacy. We are skilled negotiators and will work towards securing a good result on your behalf without costly court fees. If, however, the matter proceeds to court, we have the high-level skills and experience needed to advocate strongly on your behalf.

If you need assistance, contact [email protected] or call 02 9233 3050 for expert legal advice.