Generally in order to advise or assist you, we will require a copy of the relevant death certificate for the deceased and details of the assets and liabilities of the Deceased Estate at death.

Should you wish assistance and advice in this area please do not hesitate to contact us..

Matt can assist with consideration of all aspects of your Estate Planning and superannuation needs in conjunction with your taxation adviser.

Given Matt’s litigation experienced regarding challenges to wills and other Deceased Estate matters, unlike many other Estate planners he has insight into the various legal pitfalls and problems that can be encountered in your Estate Planning issues.

Lack of testamentary capacity (the deceased did not have sufficient mental faculties to do a will);

• fraud (the will is a forgery)
• duress or undue influence (the deceased was bullied into doing the will a certain way)

The second type of challenge is under an act of parliament now known as the Family Provisions Act. This allows a challenge based on a failure to provide properly for family members and those to whom the deceased should have properly had regard.

The Court has fairly wide discretion as to how they deal with such applications and what further provision (if any) an applicant may receive. This type of challenge can be made both to the provisions of a Will and to the statutory formula for distribution where no will exists.

In addition to these basic challenges there are diverse other types of deceased litigation, such as Court determinations as to who is a legitimate beneficiary of a Will, what does the Will mean and questions regarding the conduct of Executors, Administrators and Trustees of Deceased Estates.

If you wish quotation for these documents please ask us.