Estate Disputes and Family Provision Claims.
Disputes over a Deceased Estate can be stressful, emotional, and legally complex. They may arise from disagreements over how and Estate is being administered, claims for additional provision from an Estate, or challenges to the validity of a Will. Our goal is to provide clear, practical guidance and assistance to resolve conflicts or claims efficiently and fairly.
Who we can help
We assist Executors, Administrators, beneficiaries, and family members navigating disputes or claims on a Deceased Estate.
Executors & Administrators
Guidance on meeting legal obligations while managing conflicts or claims on an Estate.
Beneficiaries
Advice to ensure your rights and interests are protected.
Family Members
Assisting family members to obtain further provision from a Deceased Estate if adequate support wasn’t provided.
What we do: Key steps
We meet with you to understand the dispute or claim, explain your rights and options, and outline possible solutions.
We collect relevant Wills, financial records, and correspondence to assess the strength of your case.
We aim to resolve disputes collaboratively wherever possible, representing your interests in negotiations or mediation sessions.
If necessary, we prepare and lodge Court applications, managing all legal processes to protect your position.
We ensure any settlement or Court orders are implemented correctly and provide advice on finalising the Estate.
" Jasmyne and the team at Grainger Legal have been incredible. Great communication, advice, guidance and empathy during a very difficult time in my life. The team were always kind and responsive producing a great outcome given the circumstances. Thank you to all of the team. "
- Debra S
Our fees
Most commonly, the Estate bears the legal costs of a Family Provision Claim, particularly where the proceeding was reasonably brought and the Executor acted properly.
Tailored estimates: Before you proceed, we’ll listen to your situation, explain your options, and provide a clear estimate of costs. We will explain the situations in which the Estate may not be required to bear legal costs (and you would have to bear your own) and the prospect of this occurring.
No Win, No Fee options: Available in relation to our professional fees, where appropriate.
Flexible support: We work efficiently and strategically to help keep costs manageable.
FAQs: Your questions answered
Yes. Grainger Legal can act as your executor, managing your estate on your behalf and ensuring your wishes are carried out.
If the deceased did not leave a Will, the estate will be distributed according to intestacy laws. The court may appoint an administrator to manage the estate.
Not all estates require Probate. It depends on the value and type of assets involved. For example, small estates or jointly owned assets may not need Probate.
Yes, you can renounce your role as executor if you feel unable to manage the responsibilities. The court will appoint someone else to administer the estate.
Disputes can arise over the interpretation of the Will or the distribution of assets. Legal advice can help resolve these issues and ensure the estate is managed fairly.
The timeline varies depending on the complexity of the estate. Simple estates may be finalised within a few months, while complex estates can take over a year.