Common claims involving Estate litigation:
Challenging wills
Wills are most commonly challenged by arguing that a third party's undue influence was in effect or the deceased could not make judgments that served their best interest when the Will was being prepared.
Claims by dependants
The Wills and Succession Act enables a family member to bring forward a claim if they believe they have not been fairly provided for within their loved one's estate.
Guardianship and Trusteeship Disputes
Sometimes disputes emerge before a loved one's death; this usually involves control and disposition of assets belonging to those who no longer have the capacity to care for their affairs. They can also be related to the rights of disabled individuals, whether it be disputes over representation of financial and personal matters, or disabled minor children who have lost their parent(s) but are nearing the age of majority.