Succession

Wills

  • Contentious and non-contentious probate proceedings, including:
  • challenges to the validity of wills on the grounds of testamentary capacity, want of knowledge and approval, undue influence and fraud
  • lost wills
  • applications to remove caveats
  • applications to pass-over executors
  • Informal will applications under s 18 of the Succession Act
  • Statutory will applications under ss 19 to 28 of the Succession Act for court orders authorising the making of wills on behalf of infants or adults lacking testamentary capacity
  • Applications for limited or special grants of administration
  • Advice and applications in relation to the interpretation and rectification of wills
  • Advice and claims in relation to mutual wills

Intestacy

Administration of Estates, including:

  • Advice in relation to questions that arise in the course of administering estates.
  • Advice concerning aspects of superannuation, e.g. the payment of death benfits.
  • Applications by personal representatives, beneficiaries or creditors for orders or directions resolving questions that arise in the course of administering estates, eg, Benjamin orders
  • Applications to remove personal representatives
  • Applications for estate accounts
  • Applications by personal representatives for remuneration or commission
  • Claims against personal representatives for breach of duty or devastavit

Family Provision Applications, including:

  • Advice in relation to prospects and quantum
  • Summary dismissal applications
  • Mediation
  • Applications for final orders or to sanction the compromise of family provision applications

Trusts

  • Advice in relation to all aspects of the establishment, validity and administration of trusts, the exercise by trustees of their investment, administrative and dispositive powers, trustees’ duties and beneficiaries’ rights
  • Advice in relation to the trust aspects of superannuation
  • Applications under s 8 of the Trusts Act seeking the review of trustees’ decisions
  • Other applications under the Trusts Act, eg, under s 80 for the appointment or removal of trustees, under s 94 for the conferral of additional powers on trustees, under s 95 for authorisation of variations of trusts
  • Beddoe applications, and other applications for judicial advice and directions under s 96 of the Trusts Act
  • Applications for accounts
  • Claims against trustees for breach of trust, and fiduciary duty
  • Tracing claims, and other claims seeking proprietary relief
  • Claims seeking declarations of constructive or resulting trust
  • Tax issues that arise in relation to the above, as far as possible without the need for specialist tax advice

In many trust matters, it is important to the parties to preserve as much confidentiality as possible in relation to their private affairs.  In some cases confidentiality or non-publication orders can be obtained from the court.  In others, in order to minimise publicity the matter may be more appropriately resolved by way of mediation or another form of alternative dispute resolution.

Equity Claims

  • Claims to set aside lifetime transactions on the grounds of undue influence or unconscionable conduct
  • Claims based on estoppels, eg, proprietary estoppel, promissory estoppel

Guardianship, Administration and Protective Jurisdiction

  • Advice to administrators, attorneys and others as to their duties and the exercise of powers.
  • Applications for the authorisation of conflict transactions
  • Claims against administrators and attorneys for breach of duty
  • Applications for directions or accounts
  • Compensation applications under s 59 of the Guardianship and Administration Act or s 106 of the Powers of Attorney Act
  • Applications by beneficiaries under s 60 of the Guardianship and Administration Act or s 107 of the Powers of Attorney Act  seeking compensation for the loss of a benefit in an estate
  • Applications to the court in relation to the exercise of the parens patriae jurisdiction, eg, in relation to the medical treatment of infants or intellectually disabled adults, and for the sanction of compromises

Charities

  • Advice in relation to bequests and legacies to charities, and their construction
  • Applications to the court for the settlement of administrative or c- prés schemes

Mediation

In our practice areas:

  • Acting as mediator or case appraiser
  • Appearing at mediations on behalf of parties

Professional Negligence involving our areas of practice

  • Advice in relation to alleged professional negligence, and breach of fiduciary duty, by solicitors and accountants in our practice areas
  • Acting for and against solicitors and accountants in claims for professional negligence, and breach of fiduciary duty

Six of Chancery’s barristers are listed in Doyle’s Guide as Leading Wills & Estates Barristers.  Bringing our barristers together as a virtual group ensures that your brief will receive the specialist advocacy and advice it requires.

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