Long-term partner of the deceased.

The Problem

We acted on behalf of a client who was the long-term partner of the deceased. Following the deceased’s passing, a Will surfaced which significantly altered the expected distribution of the estate and excluded our client.

Upon reviewing the Will, concerns arose regarding its validity, specifically whether it had been properly executed in accordance with the formal requirements under the Wills Act 1837. Given the potential invalidity of the Will, there was a risk that estate assets could be distributed before the dispute was resolved, which would have prejudiced our client’s position.

Due to the urgency of the situation and the risk of dissipation of estate assets, immediate steps were required to protect the estate whilst investigations into the validity of the Will were undertaken

The Solution

We conducted a detailed review of the circumstances surrounding the execution of the Will and obtained relevant evidence regarding the signing process. This included analysing whether the statutory requirements for due execution had been complied with.

Given the risk to estate assets, we issued injunctive proceedings to prevent any distribution pending resolution of the dispute. This ensured that the estate remained intact whilst negotiations progressed.

Following the exchange of evidence and correspondence, we engaged in mediation with the parties in an effort to resolve the dispute without the need for lengthy and costly court proceedings.

We advised our client throughout the process, ensuring they were fully informed of risks, strategy, and potential outcomes.

The Outcome

Following constructive negotiations at mediation, the parties were able to reach a settlement.

We successfully secured a substantial financial settlement for our client, approaching six figures, without the need for contested court proceedings.

This outcome enabled our client to achieve certainty and avoid the emotional and financial strain of ongoing litigation, whilst ensuring the estate dispute was resolved proportionately and efficiently.

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Key Facts

FACT 1
The Will was challenged on the basis that it was invalid for want of due execution

FACT 2
Urgent injunctive relief was required to preserve estate assets

FACT 3
The matter resolved following mediation with a substantial settlement for the client

We acted on behalf of a client who was the long-term partner of the deceased.

Key Facts

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