- February 8, 2011
- by admin
WILL DAVIDSON estate litigators are called upon to assist with various issues, both before and after the death of a loved one. We are not estate planners – rather we step in when relationships break down and litigation is either threatened or necessary.
Either before or after the death of a family member, our work may involve bringing an application for guardianship on behalf of a close friend or loved one who has become incapable of managing either their property or their personal care. This may be necessary when the incapable person has not made a power of attorney, or perhaps the power of attorney is in some way deficient.
A fairly contentious issue is a power of attorney dispute. WILL DAVIDSON has acted for parties who have been granted a valid power of attorney, only to find another person has convinced the grantor – typically an elderly person – to give them the power of attorney instead. We work to ensure the true wishes of the grantor are reinstated and honoured.
After the death of a family member there are a whole new host of issues that might arise, most common among them being dependent support claims and will challenges. In terms of a will challenges, WILL DAVIDSON has acted for both those who are supporting the will, and those who are challenging the will, whether on the basis of undue influence, fraud, or lack of testamentary capacity.
Dependent support claims are brought on behalf of those who were dependent on the deceased before death and who discover that they have not been adequately provided for in the deceased’s will. A dependent relief claim can also arise in the case of an intestacy – where the deceased dies without a will. Those entitled to commence a dependent support claim include married spouses, common law spouses, same-sex partners, parents, children and, in certain circumstances, adult children. WILL DAVIDSON can offer legal assistance when these issues arise.
For more information contact Annette Casullo.
Every case is to be determined on its own merits and past performance is in no way indicative of the potential resolution of any other matter.