An executor or trustee who engages in litigation without the Court’s approval does so at their own peril and risks having to pay their own costs personally.
Oliver is a Senior Associate in our Wills & Estates team, and has significant experience in estate litigation, estate administration, trust disputes, VCAT guardianship list matters and succession planning. He has practiced in several jurisdictions including Victoria, Queensland, South Australia and Western Australia.
Oliver acts for a diverse range of clients, including persons from low socio-economic backgrounds, wealthy families, and private trustee companies. Oliver provides pragmatic legal advice to obtain timely outcomes for his clients whilst minimising stress and uncertainty. Oliver’s extensive experience, includes acting in the following types of matters:
- Issuing and defending family provision claims (testator family maintenance claims or part IV claims).
- Will construction and will rectification applications.
- Applications to have an informal Will admitted to probate.
- Issuing and defending applications for the removal of an executor/administrator.
- Will validity disputes.
- Acting on behalf of litigation guardians in proceedings where a person under a disability is involved.
- Supreme Court proceedings for judicial advice regarding the administration of the estate or the operation of a Will.
- Issuing applications requiring an executor to bring a Will into court.
- Administering complex estates in several different States.
- Obtaining grants of probate/letters of administration in Victoria, Queensland, Western Australia and South Australia.
- Advising beneficiaries regarding their rights under a Will.
Succession Planning/ Will drafting
- Preparing simple Wills, complex testamentary trust Wills and succession planning.
- Preparing enduring powers of attorney/advanced health directions.
- Providing advice in relation to the rights and obligations of an attorney pursuant to an enduring power of attorney.
- Trust and asset protection.
Guardianship, Administration & Elder Law
- Acting in proceedings to recover assets on behalf of elderly clients and clients under a disability.
- Advising in relation to enduring power of attorney disputes.
- Advising in relation to the purchase of refundable accommodation bonds.