A successful outcome to sensitive mediation
'This matter involved enforcing our client’s rights as a beneficiary under a will in circumstances where the deceased’s wishes had been manipulated by a third party. We are proud to have protected our client’s rights in such a personally challenging situation.'
Leneen Forde, Partner, Commercial Litigation
Our client was the executor and beneficiary of an estate and
long time friend of the deceased. Before his death, the deceased
changed his will and bequeathed his entire estate to his paid carer
and appointed him executor. There were concerning facts
surrounding the change of will, including that the deceased
erroneously held the belief that our client was terminally ill and
would predecease him.
Our client challenged probate of the later will on the basis
that the deceased did not have the appropriate mental capacity at
the time he made the later will or approved the contents of the
later will and that the deceased had been unduly influenced by his
The matter involved extensive discussions with medical staff as
well as comprehensive reviews of the deceased's medical records and
the carer's employment records. At mediation, we successfully used
this information to challenge the validity of the later will and
secure our client a very satisfactory outcome.
Enhancing their success
In estate litigation, we are sensitive to the needs of our
clients in what is often a very sensitive and stressful set of
circumstances, while strongly advocating for their rights. We
strive to ensure that the value of an estate is not depleted
through the course of litigation.