Disentitling conduct in an estate claim

A court has the power to dismiss an estate claim where the claimant has behaved badly. This is called ‘disentitling conduct’. From time to time in an estate claim, a party alleges that the claimant should not get any more from the estate because of the claimant’s bad behaviour. Or, the deceased may have left.. read more →

Estate claims in court, hows and whys

It is always better to avoid estate claims getting to court, but sometimes it is unavoidable. All litigation is stressful, and estate claims are especially stressful.  It is always better for family members to negotiate an outcome rather than have a court make a decision for them. However, court action is sometimes unavoidable. To learn more about the.. read more →

Will dispute – what makes a successful claim?

The basic principles of a will dispute are fairly straightforward.  The hard part is applying them to a claimant’s specific situation. As I said in my article about the basics of a will dispute, the Court may order that “such provision as the Court thinks fit” be made for a claimant.  This is if it.. read more →

Testamentary guardian – thinking of the children

I have young children, who will look after them if I die?  A testamentary guardian may be the answer. We often get asked this question, and a testamentary guardian may be the answer. Usually – and subject to any Family Court orders – it will be the surviving parent who will have full authority over the.. read more →