Estates, Trusts and SMSF Dispute Resolution & Litigation
Although prevention is far better than a cure, sometimes steps need to be taken to make the best of a bad situation.
We assist clients in contentious estates, SMSFs, trusts and probate matters with a view to resolving disputes in the most cost-effective and tax-effective manner. There are many circumstances in which claims may be made (or need to be defended) in a dispute setting. These include instances where:
- An individual in financial need is left out of a Will wishes to make a claim for further provision
- Disputes arise in relation to the distribution of wealth including personally held assets, trust owned assets or the payment of superannuation death benefits
- A Will was “out of date” when the testator died and did not properly reflect the testator’s intentions
- A Will was ambiguously worded and the construction of the Will is questioned or issues need to be rectified
- A Will was made in suspicious circumstances (eg the testator lacked capacity, their signature was forged or the Will was improperly prepared)
- Disputes arise between executors, trustees and/or beneficiaries during the administration of an estate, trust or an SMSF
- A claim needs to be made to assert “equitable interests”, for instance where the legal ownership of assets does not fairly represent the intended beneficial ownership
Combining expertise in tax, structuring, Wills and estates, our focus is to tax-effectively resolve disputes or litigious matters at mediation or in Court. Our approach is to firstly understand the legal issues at hand, family dynamics and to preserve relationships as far as possible. Where necessary, we brief and work alongside some of the most well-regarded barristers in Australia to effectively resolve matters.
We offer a free 15 minute introductory telephone discussion to determine whether you have a claim before meeting with us. Following on from this, we can formally assess the merits of your claim and plan strategy in a face to face meeting. Feel free to contact our office on +613 9070 5868.