Estate Litigation

We understand that disputes can arise when wills are being drafted, or when estates are being executed and divided among the chosen beneficiaries. Such disputes can result when one party feels that they have not been provided for adequately, which can lead to lengthy, and often emotional, legal disputes.

This is where our team comes in. We are able to advise on whether all parties involved have been provided for adequately, and help determine if there are any possibilities of legal action. Whether you are the party bringing or defending the claim, the team at Maxwell & Co can assist you throughout this process.

Our experienced Wills & Estate team will be able to help you with a variety of disputes that may arise, including:

Contesting an Unfair Will

There is a large amount of legislation governing how a will can be set up and how it provides for certain types of individuals. However, this legislation has been written to be standardised, and therefore will not take into account any of your personal circumstances. So it may not always mean all beneficiaries will be adequately provided.

If you believe that a will is unfair, or that the deceased was not of full capacity when making the will, you may be able to commence litigation. Our solicitors will use their extensive knowledge of estate legislation to advise you on whether you have grounds to contest a will.

Challenging Testamentary Capacity of the Deceased

In order for a will to be valid, there are several requirements that need to be met. One of which is that the deceased must have been of full mental capacity at the time that the will was made, otherwise the will is deemed to be invalid.

We can advise you if you have legitimate grounds to make such a claim, and if so, then we can provide cost-efficient litigation services in order to resolve the dispute.