When concerns were raised about the validity of a will, we found a resolution and protected our client’s interests
Our elderly client was grieving the sudden loss of her husband, while trying to administer his estate. She came to us, explaining:
“One of my late husband’s adult children from an earlier marriage has lodged a caveat against his estate which is now preventing me from obtaining the grant of probate and dealing with the administration of the estate as I need to. They have also raised concerns about the validity of the will and threatened a claim against the estate under the Inheritance Act – though so far have done nothing further and have not actually brought a claim. I need help to move forward.”How we helped
We conducted various investigations into the validity of the will to ensure that it was valid and complied with the necessary requirements. We also entered into negotiations with the adult child to attempt to resolve the dispute without the need for court proceedings. However, the adult child would not agree to the will being admitted to probate and therefore it was necessary to issue court proceedings.
The result
We issued court proceedings to have the caveat removed and to ‘prove’ the latest will. The adult child did not defend the claim but neither did she agree to the will being proved and the matter proceeded to trial where our client was successful and the will was proved.As a result of the adult child’s behaviour, our client was awarded her legal costs of bringing the claim.
Written: March 2021A client had been promised she would inherit the farm where she worked. When that did not happen, we helped her secure her future
Our client told us:
“My father promised that I would receive a farm in his will – and in that belief I worked on the farm for many years and cared for my father. Now he has passed away, I have found out he has left the farm to one of his sons, who wants me to move out of the farmhouse that has been my home for many years. I’m really worried that I’ll lose the farm, and worse, become homeless.”How we helped
We investigated our client’s claim and obtained witness evidence from parties who were aware of the ‘promise’. We then compiled our client’s claim and submitted this to her brother. Our client was keen the matter was resolved without having to issue court proceedings.
The result
We attended a mediation with our client’s brother and both parties were able to reach agreement as to the ownership of the farm. As part of the agreement reached, our client received payment of her legal costs and managed to avoid a trial.
Written: March 2021When our client was left without financial provision on the death of a partner, we found a resolution with a monetary award
Our client was struggling to cope financially after the death of her partner, she told us:
“My partner and I were unmarried and we had a young child together. When he passed away, I found he had left me nothing in his will. I have a health condition which means I am unable to work. I was facing covering school fees, as well as the upkeep of our property. The only beneficiary of my partner’s large estate was a charity.”How we helped
We brought a claim for reasonable financial provision under the Inheritance Act against the estate. As there are strict time limits in these types of claims, we had to issue court proceedings. The charity initially defended the claim but after providing our client’s financial information, it agreed to attend a mediation in order to try and resolve the claim.
The result
The matter was successfully resolved at mediation where our client received a monetary award as well as payment of her costs and was able to avoid the stress and costs of having to proceed to trial.
Written: March 2021