Contested Wills & Estate Litigation

Williams + Hughes provides a complete and integrated service from succession and Estate planning, to the preparation of Wills and associated documents such as testamentary trusts and powers of attorney and guardianship, through to dispute resolution services.

Our litigation team has a broad range of experience assisting Executors/Executrix’, Administrators, and beneficiaries and other claimants, in dealing with claims to prove the validity of Wills, court actions to interpret Will provisions, and claims under the Family Provision Act 1972 (inheritance claims).

We also act in the State Administrative Tribunal in guardianship and financial administration matters.

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Our relevant and notable experience includes:

  • Acted for a beneficiary in a significant Supreme Court inheritance claim in a deceased Estate with assets of more than $1 billion
  • Acted for the executor in Supreme Court proceedings seeking interpretation of bequests in a Will.  The proceedings also dealt with the Charitable Trusts Act and whether the Court retained an inherent cy-pres power
  • Acted for the executrix to defend Supreme Court proceedings seeking her removal, and concerning the interpretation of clauses in a Will
  • Acted for family members in applications to the State Administrative Tribunal for guardianship and plenary administration powers, and in Supreme Court proceedings by administrators seeking to deal with Estate property
  • Acted for the successful defendant in a Supreme Court family provision claim including a claim of a constructive trust over assets transferred during the deceased's lifetime
  • Acted for a defendant in Supreme Court proceedings regarding a contested Will and Family Provision Act claim for a multi-million dollar Geraldton farming Estate, which was settled by deed of family arrangement
  • Acted for the administrators of a deceased Estate in a claim against the deceased's former solicitor who meddled with the Estate's assets
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