Has someone made you a promise they failed to keep?
Everyone deserves to be treated with respect. People often make promises to their loved ones that if they do certain things or make certain sacrifices they Will be financially rewarded. To only then discover the promise made has been broken. We can help you hold people financially responsible for the consequences of a broken promise.
Contact us to discuss your constructive trust claim
A Constructive Trust can arise where it can be shown that there was a mutual intention (or a ‘promise’) between you and another person, that you would have some interest in property and that you have relied upon this promise to your detriment.
Put simply, a ‘common intention’ Constructive Trust arises upon the occurrence of the following:
1. Someone has made a promise to you during their lifetime;
2. The promise has subsequently been broken; and
3. You relied on this promise to your detriment or loss.
An example of when a Constructive Trust claim may arise, is in the circumstances whereby a person has promised that they Will make a gift to you in their Will in exchange for you providing them with care in their elderly years. You may make sacrifices such as moving towns or quitting your job in order to provide them with that care. Once that person has passed, you may then discover that no gift has been made for you in their Will.
There are many situations in addition to the above with which a Constructive Trust claim may arise, if this sounds like a situation you are facing please get in touch with our experienced team to discuss your options.
What are the steps involved in a Will dispute?
Initial Consultation & Assessment
We'll meet with you to understand your situation and concerns, assess your case, and advise on legal options.
Preparation & Evidence Gathering
We'll review all relevant documents and gather additional evidence to strengthen your case.
Negotiation & Mediation
We prioritise amicable resolutions where possible.. We'll negotiate a fair settlement or use mediation to reach an agreement, saving you time, stress and money.
Litigation & Court Representation
If negotiations fail, our experienced team will represent you in court, fight for your entitlement, and ensure your voice is heard.
No win, no fee*
We understand that the financial burden of legal proceedings can be a significant concern when considering action to recover assets taken from you. That's why we offer our services on a No Win No Fee* basis, allowing you to pursue your rightful entitlement without upfront legal costs. This means you only pay our fees if we successfully resolve your case in your favour.
*Conditions apply
FAQ
Check out the frequently asked questions for quick answers to common inquiries.If your question is not answered here, please get in touch with our support team.
What kind of detriment do I need to suffer to be able to bring a constructive trust claim?
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Services
Securing your rightful inheritance is our priority. Our experienced team offers a full range of legal services to help you achieve the best possible outcome.
Contested Wills
Let our experienced team navigate the complexities of contesting a Will for you. We provide comprehensive legal services, including gathering evidence and representing you in mediation and court to achieve the best possible outcome
Probate and Letters of Administration
A Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will) is often the first step required to administer an estate. Our team can assist you step by step through the process
Estate Administration
It is often daunting being appointed an Executor or Administrator and not knowing where to start. Our team will walk you through the process in detail so you understand what needs to be done and help you to prioritise each matter to be addressed
Estate Planning, Wills and Appointing an Attorney and Guardian
Our estate planning service is more than just preparing a will. We consider your superannuation, life insurance, corporate structures and your succession plan for business arrangements. We specialise in rural intergenerational family rearrangements. Our extensive litigation experience enables us to advise you so that you can minimise the risk of your estate being contested
Elder Financial Abuse
Everyone deserves to be treated with respect and not be financially taken advantage of