Overview
The matters in this part of the firm's work are different in character from the commercial files that occupy most of our day. They are personal. They are often difficult. They almost always involve more than one person whose interests are not entirely aligned. And they are, on any honest reckoning, the matters our clients remember most clearly — for better or worse — when they look back on their dealings with their lawyer.
We approach this work with that in mind. The drafting standard is the same as anywhere else in the firm; the patience is greater. We give the time the conversation actually needs rather than the time it would take to be merely efficient. And we are clear with clients about what the law can and cannot do for them — because false reassurance in these matters is rarely a kindness in the long run.
Partner supervision applies to every matter. The day-to-day work is generally carried by Aarti Prakash, who joined the firm in 2023 after a decade at the Legal Aid Commission — including five years as Head of its Family Litigation Unit — and who brings to the practice a depth of family-law experience that is unusual in private practice.
Our approach
Three things, consistently:
- Confidence in confidentiality. The practice operates with the discretion appropriate to its subject matter. Files are partner-supervised, and matters involving sensitive personal facts are handled with the limited circulation those facts deserve.
- Calibrated to the family. No two estates are the same and no two families are the same. We do not impose templates. Our drafting reflects the actual people, relationships and assets involved — including the complications most families carry that other lawyers' templates do not anticipate.
- Continuity over time. Estate planning is not a transaction; it is a relationship that continues across a lifetime — and often into the next generation. We invest in that continuity. Many of our estate clients have been with the firm for fifteen or twenty years.
The two areas
Our personal practice covers two distinct but adjacent areas of Fijian law — and the same team can act across both where the client's circumstances require.
Estate planning,
probate & administration
The work that arranges affairs in life, and administers them properly afterwards.
- Wills, codicils and testamentary trust wills
- Estate planning & structuring
- Powers of attorney (enduring & general)
- Probate & letters of administration
- Re-seals of foreign grants
- Estate administration & distribution
- Contested wills & estate disputes
Family, matrimonial
& relationship matters
The work that addresses the legal questions arising in relationships, families and their endings.
- Divorce & separation
- Matrimonial property & financial settlements
- Pre-nuptial & relationship-property agreements
- Parenting orders & custody arrangements
- Child support & maintenance
- Domestic-violence protection
- De facto and cohabitation matters
Wills & estates
Estate planning & wills
A well-drafted will is a small document that does an extraordinary amount of work. It distributes assets according to the testator's wishes. It nominates executors capable of administering the estate. It anticipates the questions that will arise — minor beneficiaries, contingent gifts, the unexpected pre-decease of an intended recipient. It accounts for the practical realities of the estate — Fijian property, overseas assets, FRCS implications, exchange-control on remittance to overseas beneficiaries.
For families with assets, business interests or beneficiaries of complexity, a will is the entry point to estate planning rather than the entirety of it — testamentary trusts, lifetime gifts, charitable arrangements and family-business succession all sit alongside the will in the structure that actually protects the family's interests.
Probate & administration
When a Fijian resident dies, the legal mechanics of transferring the estate — proving the will, obtaining a grant of probate or letters of administration, administering the assets, satisfying creditors, distributing to beneficiaries, dealing with FRCS — are an obligation that falls on the executors or administrators. We act for executors and administrators throughout, and where the estate is contested, we act for the parties to that contest.
The firm has acted on estate administration of every scale — from straightforward Fijian-resident estates of modest size to substantial estates with assets in multiple jurisdictions and beneficiaries in three or four countries. We coordinate with overseas counsel where necessary so that the estate is administered as a single coherent matter rather than a series of disconnected national workstreams.
Contested estates & disputes
Probate matters frequently give rise to litigation — disputed wills, claims by beneficiaries who consider themselves unfairly treated, allegations of undue influence, questions of testamentary capacity. We act for both executors and beneficiaries in such matters, with the same dual aim: settle the matter where reasonably possible, and litigate it competently where settlement is not. See litigation →
Family law
Separation, divorce & financial settlement
Most family-law work begins with a relationship ending. The question of how the family's assets are to be divided, how parenting is to be arranged, and what each former spouse can expect financially — all of it sits within the Family Law Act 2003 framework, with its own court (the Family Division of the Magistrates' Court and the Family Division of the High Court), its own procedure, and its own evidential demands.
We act for spouses on both sides of separation, on matrimonial property, on financial settlements, and on the agreements that document the resolution. We prefer settlement where possible — both because it is cheaper and because it leaves the parties in a better position to share whatever future co-operation will be needed (especially where children are involved) — but we are equipped for contested proceedings where they are necessary.
Pre-nuptial & relationship-property agreements
For couples entering marriage or a de facto relationship with substantial pre-existing assets, family businesses or anticipated inheritances, a pre-nuptial or relationship-property agreement is an underused planning tool in the Fijian context. We draft these agreements with the structural rigour the case law requires, so that the agreement does what the parties intend if the relationship later ends.
Parenting & child-related matters
Parenting arrangements, custody applications, parental-responsibility orders and the day-to-day mechanics of co-parenting after separation — including the difficult cases involving allegations of violence, the equally difficult cases involving cross-border parenting, and the genuinely impossible cases requiring court intervention. Aarti Prakash's background as former Head of the Family Litigation Unit at the Legal Aid Commission means our team has direct experience in the full spectrum of these matters.
A confidential initial conversation
For sensitive personal matters, the first call is exploratory and at no cost. We will listen, give you an honest view of the position, and let you decide whether to engage.
Request a discreet call →Cross-border & international
A meaningful proportion of our personal-law work has an international dimension. Fijian residents with overseas assets. Overseas residents with Fijian property. Estates with beneficiaries in three or four countries. Divorces where one spouse is in another jurisdiction. Children who live across borders. These cases have specific legal mechanics — re-seal of foreign grants, Hague Convention applications, exchange-control on remittance, recognition of overseas orders — and our practice handles them as part of normal work rather than as exceptional matters.
Both managing partners are appointed Notaries Public — meaning we can notarise wills, statutory declarations, affidavits, powers of attorney and other personal documents in-house, and certify them for use in overseas proceedings without a third-party referral. For cross-border estates and family matters this saves time and removes a routine point of friction.
Frequently asked questions
I don't have a will — do I need one?+
If you have assets, dependants, or both — yes. Where a Fijian resident dies intestate (without a will), their estate is distributed according to the statutory intestacy rules, which may produce outcomes substantially different from what the deceased would have wanted. Drafting a simple will is one of the cheapest and most consequential pieces of legal work most people will ever do. We draft them efficiently and confidentially.
I have an overseas will — does it work in Fiji?+
It may. A will validly executed under the law of the testator's place of residence is generally recognised in Fiji, subject to formalities. Where you have substantial Fijian assets, however, we usually recommend a Fijian-law will to deal with the Fijian assets and an overseas will (with carefully drafted revocation clauses) to deal with overseas assets — the two coordinated so that one does not inadvertently revoke the other.
How long does probate take in Fiji?+
An uncontested grant of probate typically takes three to six months from application, depending on the High Court's workload and the completeness of the application. Re-seals of foreign grants (where the deceased's primary jurisdiction was elsewhere) can be faster. Contested matters take longer. We give a realistic timetable at the outset and update it as the application proceeds.
Can I contest a will in Fiji?+
In specific circumstances. The grounds for contesting a will include lack of testamentary capacity, undue influence, lack of proper execution, fraud, and where the deceased had a moral duty to provide for the contesting party that was not satisfied. The merits of any such challenge depend heavily on the facts, and we are honest at the outset about whether a contest has reasonable prospects. Many estate disputes resolve through mediation rather than full litigation.
What happens to my Fijian assets when I die overseas?+
Your Fijian assets pass under your will (or under intestacy, if you have no will) — but the practical mechanics require a Fijian grant. Where there is already an overseas grant, we apply for a re-seal of that grant in Fiji to enable transfer of the Fijian assets. Where there is no overseas grant, we apply directly for a Fijian grant. We coordinate with overseas counsel to ensure a single coherent administration.
Do I need a pre-nuptial agreement?+
It depends on your circumstances. A pre-nuptial or relationship-property agreement is most valuable where one or both parties bring substantial assets or anticipated inheritances into the relationship, or where there is a family business, or where there are children from a previous relationship. For couples without those factors, the default position under the Family Law Act 2003 may be acceptable. We give an honest view in an exploratory conversation.
Are matters in this practice confidential?+
Yes. All client matters are subject to legal professional privilege and the firm's confidentiality protocols. We are particularly mindful of confidentiality in personal matters — files are partner-supervised, information is shared on a need-to-know basis within the firm, and matters involving sensitive personal facts are handled with the limited circulation those facts deserve.