Complex Estate Disputes

There are some estate disputes which involve more than one of the areas mentioned above. In the case of complex estate disputes, our experience helps us to ask the right questions and to develop an effective approach to a commercial solution. At Eastwood Law, we have managed cases which involve a combination of claims involving the validity of a will, constructive trust claims, and family provision claims.

In other cases, the disputes also involve claims with respect to superannuation and trusts.

In particular when it comes to large disputes involving significant assets, it is only experience that allows a firm to find the right solution in a cost effective way.

Some of our notable cases include:

Hill v Zuda Pty Ltd [2022] HCA 21

Brown v Barber [2020] WASC 84

Zeljko Mrsa (as executor of the Estate of the Late Ivan Mrsa) v Mrsa [2014] WASC 482

Frigger v Professional Services of Australia Pty Ltd (No 5) [2024] FCA 420

Our Services

Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.

We have advised and acted for clients based in other states of Australia as well as overseas.

Probate and Letters of Administration

When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.

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Challenging the Validity of a Will

You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.

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Executors Duties and Disputes

BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.

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Beneficiaries Concern Over Estate Administration

Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.

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Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

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Complex Estate Disputes

We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.

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