Estate Claims

A claim against an estate after someone has died can be emotional and fraught, especially because it usually involves disputes between family members. Fiona can help you navigate this difficult area by providing you with clear and pragmatic legal advice.

If you’re not satisfied with what you’ve been left in a family member’s will, Fiona can act for you in making a Family Protection Act claim. Alternatively, if you are the beneficiary of a will/an estate which is being challenged by someone else, she can assist you to defend the claim, including where spousal maintenance is claimed from an estate.

When your partner dies, by law you are required to decide whether you will select option A (to seek a division of relationship property) or option B (accept what they have provided for you in their will or via the intestacy rules if they didn’t have a will). Fiona can provide advice to you on the effect and implications of selecting Option A or Option B and help you decide which option to select. Good advice in this area is especially important if your partner has a child/children from other relationships.

In the event your partner or spouse has died without a will (called an intestacy) or they have not provided for you adequately in their will, Fiona can help you seek more from their estate.

Fiona can also act for you in applying for or defending a claim under the Law Reform (Testamentary Promises) Act, where the deceased promised to reward someone for a service provided, but they failed to record the payment in their will.