Trust and Estate Disputes

Trust and estate disputes can be complex and emotionally charged particularly when family relationships are involved.

At McCaw Lewis, we provide expert legal advice and representation for trust and estate disputes, supporting individuals, families, trustees, and beneficiaries across Waikato and New Zealand to resolve conflicts and protect their interests.

Our Dispute Resolution Team is able to assist you through understanding your rights in relation to a Will, and where appropriate, advise you regarding:

• Claims under the Family Protection Act 1955;
• Address concerns around testamentary capacity;
• Concerns around duress and undue influence;

We can also assist to ensure that Trustees and Executors are meeting their obligations and where necessary take formal action to ensure the interests of beneficiaries are protected, when the Estate is being managed.

Our team also has extensive experience in Family Trust disputes, advising on the obligations of Trustees and the rights and obligations, including under the Trusts Act 2019. We can assist with:

• Ensuring Trustees manage trusts appropriately;
• Dealing with difficult beneficiaries;
• Obtaining information from Trustees and removing then when necessary;
• Seeking the assistance of Court to resolve matters finally.

Our team is skilled in negotiation, mediation, and, where needed, court litigation, aiming to resolve disputes efficiently while achieving fair outcomes for all parties involved.  While a negotiated settlement is likely the preferred outcome, our team has extensive mediation and court experience, and the ability to develop strategies, and anticipate and manage risks when it comes to court litigation.

McCaw Lewis is committed to delivering clear, compassionate advice that empowers you to make informed decisions about trust and estate disputes.

If you need expert, forward-thinking advice on trust or estate disputes, contact McCaw Lewis today. Our team is dedicated to helping you achieve secure, fair, and lasting outcomes.