Estate Litigation and Dispute Resolution

In today's environment, estate disputes are now common place. Factors contributing to these outcomes include ageing of the population and the increase in number of blended families.

The types of estate disputes that de Groots are experiencing include:

• Where an executor or beneficiary has to defend the wishes of the deceased or where a beneficiary wishes to either be provided for or increase the provision made for them.
• Where an executor or beneficiary has to defend or bring an action suggesting that the deceased did not have capacity to make a will or was influenced in some way when making a will.
• Where an executor has to make an application to the court to interpret the meaning of the will.
• Where the deceased entered into an agreement to make a will (a mutual will) and the agreement is in some way being attacked.
• Matters involving the handling of estates by executors and attorneys and the conduct of executors and attorneys.

In conjunction with the above, de Groots are increasingly experiencing a blending of actions which in part involve estate litigation but also involve other causes of action involving equity, contract and corporate law.

The lawyers at de Groots focus on estate litigation issues but have a broad experience to enable them to explore and pursue the related causes of action.

The approach at de Groots involves undertaking an initial detailed investigation of a matter, thus ensuring that we are fully informed and on a sound foundation prior to assessing a matter and advising our clients.  We look at the strengths and weaknesses of our clients' cases, always assessing the possibility of settlement, at the same time if necessary progressing the matter to determination. 

In undertaking our work we appreciate we are quite often dealing with family relationships and we attempt to deal with our clients' situations in an empathetic and appropriate way.  However, we also appreciate that quite often it is necessary to be firm in approaching a matter and we are ready to adopt this approach if necessary.

We seek outcomes which are appropriate for our clients (whether that be by way of mediation or determination by the court) but also use innovative techniques and outcomes which ultimately achieve a result beneficial to our clients.