Estate Litigation

In the majority of estate administration litigation will not be necessary. However in some instances it may be necessary to challenge a will or determine who is entitled to administer and receive the benefits of an estate. Wills are typically challenged in the following ways:

• Invalidity of the will either through incapacity of the deceased at the time of making the will or formal defects in the will or
• By a dependant of the deceased wishing to claim for further provision of funds from the estate than what has been provided in the will.

Similarly it may become necessary to apply to the court for directions concerning the interpretation of a will or administration issues in a deceased estate such as an executor’s contested claim for commission.

In other instances someone may challenge the administration of an estate to protect the interests of beneficiaries or the deceased's wishes.

Ellison Moschella & Co has the experience to assess whether litigation is required and if so guide you through the litigation process to achieve your desired outcome.

For further information please contact Ross Moschella on (07) 3221 8655 or by email: mail@ellisonmoschella.com.au