Testamentary Disputes

Unfortunately, sometimes disputes arise regarding wills and deceased estates.

These disputes must be resolved before the administration of the estate. Testamentary disputes are typically characterised by high emotions, including grief, loss, anxiety, uncertainty and sometimes anger. Mediation can offer parties the opportunity to resolve disputes within a process that is a private, flexible and cost effective.

Shanna’s multi-disciplinary backgrounds allows her to facilitate agreement amongst parties, mindful of the legal framework but also equipped to deal sensitively with clients experiencing loss and grief and the desire to preserve relationships.

Types of disputes regarding wills and deceased estates include:

  • Contesting the will

  • Breaches of duty by executors and administrators

  • Disputes about testamentary capacity

  • Breaches of duty by persons acting under enduring powers of attorney

  • Concerns about undue influence surrounding the making of a will

  • Disputes about interpretation of a will

  • Establishment of a Trust and appointment of a Trustee

  • Appointment of a Guardian