The Art of Negotiation – Finding common ground
Regardless of the type of estate dispute you find yourself involved in, whichever legal resolution process you end up choosing (or whichever has been chosen for you) you will at some stage need to be prepared to negotiate with your family members in order to reach a...
The Art of Negotiation – what not to do if you want to stay out of court
Have you ever watched a child ‘negotiate’ with their parents? The child takes a position on what they want, and then they begin the nagging campaign. They’re ready with every reason under the sun why they should get what they want, and they just don’t move on that...
Making a claim for further provision – one way to contest an estate
The most common form of contesting a will or estate is a claim for further provision, which is usually made by a family member close to the deceased who believes they have not been properly provided for. This claim is typically made by a child or spouse, but can also...
Contesting a suspicious will for lack of capacity or undue influence
As our Australian population ages, more of our elderly are faced with managing their longevity while losing their mental capacities due to dementia, Alzheimer’s or other illnesses. Sadly, financial elder abuse in the form of undue influence is also on the rise. It is...
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