Navigate the complexities of estate litigation with Olivetree Legal

Olivetree Legal understand the intricacies and sensitivities of estate litigation. We evaluate your legal position and provide tailored strategies to help you pursue your objectives and manage your case.

Olivetree Legal offers expertise in mediation and estate litigation

The death of a loved one is a distressing time for families and friends. When circumstances lead to estate litigation, the experience can feel overwhelming. Our compassionate team will guide you through estate litigation providing expert advice on the legalities according to your unique situation.

We represent your best interests at all times, including weighing up the costs of litigation against the potential end gain. Our goal is to bring about the timely, optimal resolution of your estate dispute, wherever possible.

Seeking legal advice early can help you reach a more effective resolution

Whether you are defending or contesting an estate, receiving expert advice early in the process places you in the best position to resolve your dispute.

Wills and estates law is complex, with strict deadlines for making certain kinds of claims. Taking early action can also assist you by reducing costs associated in delays.

We determine pragmatic strategies to promote a positive outcome

In your initial strategy meeting, we take time to discuss your case and your objectives. We explain your legal standing, the options available to you, and their potential outcomes.

We advise you on the strength of your position, the process entailed and the anticipated timeframe to help you make informed decisions.

OPTIMISING OUTCOMES BOTH IN AND OUT OF COURT

Dealing with estate disputes does not necessarily mean you have to go to court.  Sometimes, a matter will lend itself to negotiation very early in the process.  Where an estate dispute is not appropriate for early negotiation, a mediation is always required prior to trial.  Our extensive experience with estate litigation optimises the opportunity for a satisfactory outcome at mediation.  In the unlikely event the matter is not able to be resolved prior, we ensure that you are well prepared and supported throughout the trial.

Defending an estate

As an executor, you are responsible for carrying out the instructions within the deceased person’s will and ensuring the estate is administered in accordance with the law. This process can be complicated, time-consuming, challenging and, at times, confusing.

If a loss eventuates from your actions in administering the estate, or if you fail to administer the estate within a reasonable time, you can be held accountable. Family members and/or creditors can also make claims on the estate.

Understanding the different types of claims

Different claims can be brought against an estate by family members and creditors:
Family provision claims

A family member with financial need who has been left out of a will, or who believes they haven’t received adequate provision, may be able to contest the estate to obtain a greater share.

Invalidity

If a person was not of sound mind and capacity, or was influenced in the making of their will, it may be invalid and require further investigation.

Fraud

If the will is believed to be fraudulent or forged it can be investigated, and depending on the circumstances may be found to be invalid.

Creditors

Creditors can sue the estate for money they are owed by the deceased.

If you are considering challenging or are defending an estate, our experienced legal advisors can help you determine your options.

Challenging an estate

If you feel inadequate provision has been made for you, or the estate administration has not been managed appropriately, you may be able to contest the estate.

When must a claim on an estate be made?

Claims often require a timely response with some claims subject to strict deadlines. In Victoria, family provision claims must be brought within 6 months of the date of the grant of probate/letters of administration. Invalidity claims must be brought before the will is filed in court and granted probate.

In some cases extensions can be granted by the court.

Who can bring a claim against an estate?

Persons able to contest an estate include husbands, wives, de facto partners, children, stepchildren and grandchildren as well as those sharing a household with the deceased.

Our team of lawyers can help you better understand your legal standing.

Legal costs for estate litigation

The unique nature of estate litigation cases means that services and their related costs vary according to your situation.

Your initial strategy meeting is charged at a flat rate of $220.00.  At this meeting, we discuss your situation and objectives, and provide you with advice in relation to the strength of your position, the process and the anticipated timeframe involved. 

After the meeting, we provide you with thorough information about the costs for each stage of the process. It is important to us that our involvement in any estate dispute is commercially worthwhile. Throughout the process, we will constantly reassess your options, re-evaluate your strategy and position, and provide updated advice at each stage.