Estate disputes can arise in a number of circumstances.
- disagreements between parties about the administration of the estate;
- disputes about the person’s mental capacity when making the will;
- disputes about the true meaning and interpretation of the will;
- disputes about whether the will maker was unduly influenced in the making of the will; and
- claims by parties who have been left out of the will or who claim that they have not received adequate provision.
In cases where a will does not make adequate provision for certain categories of people in particular spouses and children, parties are able to apply to the Court for a greater share of the estate in a Family Provision Claim. In the case of other disputes, application can be made to the Court to determine the dispute.