UK Contentious Probate for Australia & New Zealand

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UK Contentious Probate for Australia & New Zealand

Richard Nelson LLP’s expert solicitors can help people in Australia and New Zealand to resolve a contentious probate issue in England and Wales.

Many of those who choose to relocate abroad to New Zealand and Australia do so leaving family or relatives, often elderly, in England and Wales. Everyday communication can be achieved to a large degree through modern communication methods such as Skype, Whatsapp and Zoom but what happens if an elderly relative dies, becomes ill, or could be in need of safeguarding? Or if there is a dispute over that person’s money, will or estate?

A dispute regarding an elderly or infirm relative’s money or his or her estate would have to be addressed in the courts in England and Wales. That is where Richard Nelson LLP solicitors can help.

What you need is a team that is able to assist those living in New Zealand and Australia resolve the difficulties they and their relatives face when a problem arises. Richard Nelson LLP is a proactive firm of lawyers with proven expertise helping clients resolve probate and trust disputes, estate administration, property problems and disagreements or where financial abuse of the elderly or infirm is a feature. We may also be of assistance where a simple disagreement arises, helping you to find solutions.

Contentious probate in England and Wales for people living overseas

Who do you turn to when you suspect that your elderly relatives are or have been financially exploited or a dispute or problem arises relating to their estates or money in England or Wales?

The team at Richard Nelson LLP have considerable experience. We can assist those with concerns regarding their relatives or their relatives’ estates resolve a wide range of legal issues including:

Who do you turn to when a problem including any of the above arises in relation to your relatives left behind? Lawyers in New Zealand and Australia will likely only be able to suggest that you turn to the internet and, whilst a search may identify firms who offer to assist you, they may not be able to offer you the same range of expertise and experience this firm is able to provide.

For instance, are the solicitors identified by your search members of the Association of Contentious Trust and Probate Specialists (“ACTAPS”) or the Society of Trust and Probate Practitioners (“STEP”)? Do they have lawyers in the team with a range of skills? Very many firms do not have specialists in contentious probate or contentious trusts disputes. What is important is that you find a team who are dedicated to providing a quick, thorough and authoritative specialist service to those worried about their relatives or the financial exploitation or abuse of a will, trust or property.

Conflicts of jurisdiction

Very often complications can arise if a relative holds both an English/Welsh will and a will made in New Zealand and Australia. Equally, trusts created in England or Wales may conflict with deeds or arrangements over money or property made in other legal jurisdiction. Conflicts of jurisdiction can and often do arise surrounding the domicile of a person who holds assets in one country but dies in another country. We can assist resolve those difficulties.

Our expertise

If you are seeking assistance with a will made in other UK jurisdictions, such as Scotland, we can refer you to a solicitor with the experience you need. Contact us if you have any questions or are unsure about anything regarding your situation.


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Get in touch

For more information about the services we can provide and about how we can help you and your business, contact us.

Tony Pearce, consultant solicitor at Richard Nelson LLP

Tony Pearce

Consultant Solicitor

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What we do...

  • Disputed wills e.g. Under the Wills Acts of 1837 and 1963

  • Disputed trusts

  • Disputes relating to trust property

  • The removal of executors and trustees and the appointment of independent administrators

  • Financial abuse of the elderly or infirm whether committed by misuse of a Power of Attorney or not

  • Cross-jurisdictional legal disputes regarding conflict of wills or trusts

  • Claims under the Inheritance (Provision for Family and Dependants) Act, 1975 (England and Wales Statute allowing certain relatives to claim against the estate of a deceased person)

  • Claims under the Trusts of Land and Appointment of Trustees Act, 1996 (English and Wales Statute regarding property ownership)

  • Claims under the English and Welsh Statutes relating to the property and affairs of deceased persons

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