Wills & Probate Case Studies

We offer a focused, personalised service to each and every one of our clients.

Wills & Probate Case Studies

Case study: Widow seeking to protect estate from bankruptcy

Our Client was the widow of a professional man who died insolvent. Her late husband's Trustee in Bankruptcy intended to take possession of the whole estate, and our Client needed our assistance to claim a half share of the former matrimonial home on the basis that it was held by her late husband on Trust for both of them. We issued proceedings and the matter continued until just before Trial, when the Trustee agreed to settle the claim on the basis advanced by us and agreed to sell the other half of the house to our Client at market value which was duly accomplished.

Case study: Protecting the matrimonial home

We acted for a common law spouse to make a Claim against his former girlfriend and Intending Executrix of his Estate. The matter was settled on the basis that the proceeds of the Client's Life Insurance - which had not been assigned to the Mortgagee - were held on Trust to pay off the outstanding Mortgage on the matrimonial home, rather than forming part of his Estate and going to the Executrix.

Case study: Disputing a Will

Our client was a Widower who needed our assistance challenging a suspicious Will allegedly left by his late wife. The contents of the disputed Will transferred most of the deceased's assets and share of the former matrimonial home to her siblings. Our Client had no knowledge of the Will prior to the death of the Deceased and claimed that the terms of the same did not reflect her true intentions.

We successfully reached an agreement following an 11th hour Mediation during which the Defendants agreed that the purported Will of the Deceased was of no effect and would therefore be set aside.

Back to Case Studies