Estate Planning and Wills, Trusts and Estate Disputes

Our experienced team provides advice to a wide range of clients regarding estate and succession planning, estate administration, trust advice as well as estate and trust disputes.

Estate Planning

The decision to prepare or review wills can sometimes prompt the decision to review an individual’s or family’s structures (e.g. family trusts and other asset holding or control vehicles).  Ensuring that an individual’s or family’s entities are appropriate and in order can quite often simplify the process of transfer of assets and control upon death.  Our lawyers are well-equipped and capable of assisting in the review process.

A will is the key to ensuring that an estate is dealt with appropriately and efficiently.  Our lawyers are experienced in preparing documents which properly reflect an individual’s wishes regarding the distribution of their estate, bearing in mind each individual’s unique circumstances.

Our lawyers can also assist with arrangements in the event an individual is unable to make their own decisions day to day or in respect of the making of a will.

Broadley Rees Hogan offers a complete service for all types of estate planning, including:

• Wills – with or without testamentary trusts
• Statutory or Court-made wills
• Memoranda of wishes
• Enduring Powers of Attorney, other Powers of Attorney
• Advance Health Directives
• Trust deeds
• Company documents

Deceased Estate Administration

On death, our lawyers will deal with the estate’s, family members’ and beneficiaries’ needs in an efficient but empathetic way.

Our lawyers will assist the executor in collecting estate assets, transferring them efficiently in accordance with his or her various obligations under the will and at law.

We can also guide beneficiaries through the estate administration process.

Deceased Estate and Trust Disputes

Deceased estate and trust disputes take many forms.  In our experience, they arise where:

• The will maker does not provide for his or her family and dependants in an appropriate way; or
• A person other than the will maker, either meddles in the will maker’s affairs or persuades the will maker to prepare his or her will in a certain way; or
• Uncertainty in the meaning of terms in a will or trust deed; or
• Misconduct or breach of duties and obligations by an executor or trustee.

With an ageing population and the consequences of age becoming more prevalent, the risk of incapacity, duress, and unconscionable conduct playing a part in the will making process is becoming more common.  Further, with the rise of the blended family, litigation can occur where the expectations of various family members conflict with how the will maker chose to deal with his or her estate.

As a result, an increased number of affected parties feel that they have not received adequate provision from a will and choose to do something about it.

Our lawyers appreciate what people are going through in these circumstances.  We have experience in the area of deceased estate disputes and are adept at striking a balance between negotiating an outcome and pressing our client’s position in the appropriate forum to further our client’s interests.

Our lawyers have experience in the area of trusts such as typical family discretionary trusts, unit trusts and also testamentary trusts set up through a will.

The types of deceased estate disputes that we are able to assist with include:

• Acting for parties who wish to challenge a will or defend an application to seek a benefit or a greater benefit under a will or on intestacy (Family Provision Application or “FPA”);
• Acting for parties who wish to contest or defend a will in circumstances of suspected incapacity or undue influence or duress;
• Trust and equity cases where they are part of or related to deceased estates;
• Executor, trustee or attorney conduct and removal applications;
• Power of Attorney applications;
• Will interpretation applications; and
• Trust interpretation applications.

Our People

Jon Broadley | Director
Stuart Rees | Managing Director
Vince Hefferan | Special Counsel
Angela O’Neill | Senior Associate

For more information, please contact: