The law of equity, which governs trusts and estates, is both longstanding (dating back centuries) and continuously developing. For that reason as well as many others, disputes in relation to the administration of a trust or an estate sometimes occur.

Further, an estate is vulnerable to being claimed against under either the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949. It may be that the passing of a relative brings forth family disagreements that have been below the sources for many years.

Whether you are a beneficiary or trustee, it is essential that you receive advice on your rights and obligations. It is equally important that in the worst case scenario where disputes cannot be resolved, you have a lawyer that can progress your claim or defend one in Court. Our dispute lawyers are ready and willing to assist with both of these scenarios.

In an ideal world everyone’s last will and testament would be clear, specific, and straightforward to effect. That is not always the case, however. Wills can be defective, incomplete, or sometimes non-existent!

In these cases generally it will be necessary to apply to the High Court and seek relief. The probate office is notoriously particular about such applications. We have the necessary experience in both estates and litigation to achieve this relief as effectively as possible.

Farming can be stressful, both financially and emotionally, even at the best of times. When debt issues arise, it is best to act quickly and transparently with creditors. Under the Farm Debt Mediation Act 2019 a creditor is required to offer mediation before taking recovery action. The Farm Debt Mediation scheme is run by the Ministry of Primary Industries and involves the appointment of an independent mediator to help resolve debt disputes.

To make the most of this service, as well as to be best placed in the event that mediation is unsuccessful, it is important to have a lawyer that is both familiar with the process and agribusiness issues generally. Our agribusiness team has both, as well as personal experience with a farming background.

Children are the most important thing in your life. Unlike the other matters that we hold near and dear, like our property, it is not as simple to “split the difference.” Each family and child is unique, and accordingly the requirements for care and contact can be equally as unique. It is for this reason that the Care of Children Act 2004 focusses on the child’s best interests and welfare.

Our preference is always to have a direct discussion between parents and counsel to achieve child-focused arrangements with as little conflict as possible. If this cannot be achieved then parents need to apply to the Court to make a Parenting Order.

Our family team is experienced with all of the options available to a parent to make their children’s care arrangements work. Whether you are looking to have more time with your child, hoping for the other parent to take their own obligations to the child more seriously, or are worried for your child’s safety in the other parent’s care, we are here to help.

Separating is never easy, but our team of relationship property experts can take out some of the pain when dealing with the division of relationship property.

Sometimes it is not possible to reach an amicable agreement to divide relationship property. At that point it becomes necessary to issue proceedings for the Family Court to decide on the division of relationship property pursuant to the Property (Relationships) Act 1976. That can also involve applying to the Court to order the sale of property or prevent the disposal of assets.

Our team has significant experience in relationship property litigation. With that experience comes necessary expertise to minimise further cost as much as possible and have you in the best position to achieve a fair result.

Joint ventures are often formed (or evolve) with the best of intentions but relationships often sour over time and can lead to a catastrophic impasse of views on the direction and management of a company. Whilst a shareholders agreement is always recommended, it is common for companies to only have a constitution to help govern the relationship between them which is of minimal use.

Often the first step to resolve matters if negotiation fails is to seek mediation and if that fails apply to the High Court for relief under the Companies Act 1993 either under the prejudiced shareholder process or an application to place the company into liquidation on the basis that it is just and equitable to do so.

We can guide you through the process and advise on the best means to achieve an ultimate resolution.

Civil litigation involves disputes between individuals or companies. It often relates to contracts and breaches of contractual obligations, however all manner of disputes can be subject to civil litigation including claims under the law of torts.

There are many procedures available to deal with disputes that depend on the circumstances of the dispute and the nature of the parties. Our litigation team can guide you to a negotiated settlement, or give you the support and expertise you need to bring or defend your claim in all Courts and Tribunals.

Our team recognise that the litigation process can sometimes prove to be a stressful experience for clients. We seek to ease this stress by providing a an open approach for our clients, keeping you informed at every stage of proceedings and by exploring options for out-of-court settlement where possible.

Collaborative Law offers a structured, respectful and client-focused process that enables parties to work together to resolve issues and reach lasting agreements without the cost, delay and stress of litigation.

While commonly used in relationship and family matters, Collaborative Law can be an effective approach for a wide range of disputes, including farm succession and intergenerational planning, care of children matters, estate disputes, business and commercial disputes, and other complex legal issues where preserving relationships is important.

The process involves a series of facilitated meetings where parties, supported by their own specially trained lawyers, work together to identify issues, exchange information openly, explore options and develop practical solutions. Depending on the circumstances, other professionals such as financial advisers, facilitators, child specialists or subject matter experts may also be involved to provide additional support and guidance.

At the outset, all participants sign a Participation Agreement, committing to resolving the dispute through the collaborative process rather than through Court proceedings. This framework promotes open communication, transparency, problem-solving and a shared focus on achieving outcomes that work for everyone involved.

At Downie Stewart, we believe Collaborative Law empowers clients to take control of the resolution process, focus on what matters most, and achieve practical outcomes in a private, respectful and constructive environment.