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  • Home
  • About Us
  • Our Services
    • Estate and Guardianship
    • Dispute Resolution
    • Criminal Law and Traffic
    • Family Violence
    • Self-Represented Parties
    • Other Practice Areas
  • Articles
  • Contact

estate and Guardianship Disputes

Two things in life are certain - death and taxes.


Whilst death may be certain, it can happen at any stage and when family members least expect it.


The laws governing Wills and Estates can sometimes be complex, even in the case of a simple, modest Estate. Sometimes a Will does not comply with relevant legislation, and is therefore deemed "informal" or must be subject to a Court Application for a Grant of Probate to issue.


If somebody passes away without a Will, and their Estate is based in Tasmania, their Estate will be distributed pursuant to Tasmania's Intestacy laws. That process is often stressful and potentially costly for those left behind.


If your family member has passed away "intestate", that is, without a Will, we can also assist you in making the relevant application to the Supreme Court of Tasmania.


Just because a person has a Will, their Estate is not necessarily protected from a Court action. Here at Tamar Legal, we have experience in both acting for people contesting deceased estates (for example, a relative "cut out" of a new Will), and for the executors of Estates in responding to those claims. 


Estate matters are time sensitive, so do not hesitate to seek advice at the earliest opportunity.


NOTE: We do not offer an Estate planning / Wills service. Our Estate and Guardianship practice areas are detailed further below.

GUARDIANSHIP DISPUTES

TESTATORS FAMILY MAINTENANCE (TFM) APPLICATIONS

PROBATE/LITIGIOUS MATTERS

At Tamar legal we can assist you in any dispute that arises regarding the affairs of a loved one. These matters are dealt with before the Tasmanian Civil and Administrative Tribunal (TASCAT). Whether you simply need advice as to what steps you need to take, or you require representation, we can help.

PROBATE/LITIGIOUS MATTERS

TESTATORS FAMILY MAINTENANCE (TFM) APPLICATIONS

PROBATE/LITIGIOUS MATTERS

We can assist you in drafting an Application to the Supreme Court of Tasmania for the Probate of a Will (if you are a named Executor), or for a grant of Letters of Administration in the event of a family member passing away "intestate" (that is, without a valid will). We can also provide advice, and represent you in applications seeking probate of an informal will, or a 'contentious probate action', where there is a dispute as to the proper last will and testament of a deceased person.

TESTATORS FAMILY MAINTENANCE (TFM) APPLICATIONS

TESTATORS FAMILY MAINTENANCE (TFM) APPLICATIONS

TESTATORS FAMILY MAINTENANCE (TFM) APPLICATIONS

We can provide you with advice, and represent you regarding claims contesting an Estate, whether you are a potential Applicant or an Executor of an Estate, and represent you throughout the process from the initial stages of a claim, during a Court-ordered mediation, through to a hearing, in the event that the dispute does not resolve. We have an impressive track record of resolving claims without the need to proceed to a Court hearing.

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