Estate litigation involves a dispute over the distribution of assets of a deceased person.
Often, this can be an emotional time for all involved, in particular when the person who has died was close to you.
If you have a concern in relation to an estate dispute, it is best that you seek legal advice as soon as possible. Emotions can run high with estate claims, and the last thing anyone needs is for a difficult situation to become even more distressing.
Contact us at Gibbs Wright Lawyers and we can discuss your situation.
Process for Estate Litigation
The courts generally try to stick with the deceased person’s wishes, but also, do not want certain individuals to be disadvantaged. Ultimately, the court will consider the individual circumstances of each case.
In most cases, the courts compare the needs of the applicant (person making the claim) with those of the other beneficiaries in order to determine whether the applicant has been left without adequate provision for the support and or maintenance.
In making this assessment, the Courts will usually look at the:
- Size of the estate;
- Financial needs and health of the applicant;
- Character and conduct of the applicant towards the deceased;
- Whether the deceased had a responsibility to provide for the applicant;
- And more.