Inheritance Disputes

The death of a loved one can make it feel as if your whole world is falling part and leaving one solely focused on grief while legal landmines await….

Time is always of the essence when determining your rights to a loved one’s estate and those rights may vary dependent upon your relationship to the deceased loved one’s estate and whether the loved one left a Will.

Questions that may come to your mind are:

  • Did my loved one leave a Will?
  • Was I a named beneficiary under the Will?
  • When will I receive my gift under the Will?
  • What if I was left out of the Will?  Can I challenge the Will?
  • What if my loved one lacked mental capacity when the Will was made?
  • What if my loved one did not leave a Will?  Am i entitled in such a circumstance?

Your financial entitlement to a loved one’s estate may depend on you seeking legal advice immediately after a loved one’s death.  The passage of time may negatively affect your legal rights to your loved one’s estate.  If you come into Resolutions Law office to inquire about the estate of a loved one who died in the 1990s, it is more likely than not that a perfectly valid claim has been invalidated by the passage of time. It is essential for you to become aware of your rights and take immediate action in these circumstances.

Andrew Rebane has experience in the following sorts of estate cases:

  • challenges of Wills under Section 60 of the Wills Estates Succession Act where spouses/children have been wrongly excluded;
  • challenges of Wills where beneficiaries have unduly influenced the deceased one to the exclusion of  other beneficiaries
  • challenges of gifts made by a loved one after the loved one lost capacity so that such gifts are placed back into the loved one’s estate and divided among the intended beneficiaries of the estate; and
  • disputes between relatives where the loved one has died without a Will.
  • contested committeeship applications where competing relatives are applying for the right to manage the personal and financial affairs of a mentally incapacitated adult

Resolution through Litigation

Andrew’s approach is to commence litigation immediately to preserve your rights to a loved one’s estate that might otherwise be invalided by reason of not starting court proceedings within certain periods.  Once litigation has been proceeded financial and medical documents relating to your loved one’s finances and health so as to determine what approach ought to be taken in moving the litigation forward.  Mediation may be used in conjunction with the traditional litigation process so as to effect a desirable result in less time and expense to you.  That being said, there are times when only a trial will achieve justice for you in relation to your rights to your loved one’s estate.

Related Testimonials