If you are the executor of an estate and you are facing a challenge from a beneficiary or a person who feels aggrieved at the contents of a will, it is important to get expert advice. You have a legal duty to act in the best interest of the estate so if there is a challenge to the estate, it should be defended.
We can assist if someone tries to:
- Contest the validity of the will
- Make a claim under the provisions of the Succession Act 1965
- Make a claim for estoppel
- Remove you as executor
Claims usually diminish the value of the estate as costs are paid from the estate so if you are also a beneficiary, it will likely reduce the amount you are entitled to. We’ll provide you with timely advice and assist you to resolve the dispute quickly and where possible, amicably.
An executor of an estate has a year within which to take a grant before any action can be taken against them but there is a duty to gather in and distribute the estate in a timely manner.