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At McNab, McNab & Starke we frequently get enquiries about estate disputes.
Examples of some of the common enquiries are;
- “The Will does not make proper provision for me, what can I do?”
- “My father made a Will shortly before he died and I don’t think that it is a valid Will. What can I do about it?”
- “Mum recently died and didn’t leave a Will. Who looks after her estate?”
- “My father has died and didn’t leave a Will. Who shares his estate?”
- “Dad has recently been taken out by brother and I think that he may have signed a new Will. Is there anything I can do?”
- “My mother has dementia and her last Will is out of date. Can a Will be made for her?”
- “The executors won’t tell me what is happening in the estate. What can I do?”
- “How do I get to see a copy of the Will? The executors won’t show it to me.”
- “The executor seems to be taking a long time to get things moving. Can I do anything?”
- “Since my domestic partner died his children want me to move out of the house. Don’t I have any rights?”
- “Dad had a legal Will, but then used one of those Will kits. Is it valid?”
- “My father has a family trust and most of his assets are in it. Who controls it after he has passed away?”
- “My stepchildren say that their father’s superannuation is to go to them. Is that right?”
- “My son recently committed suicide. What legal steps do I need to take?”
- “We can’t agree. Who has the say over the type of funeral?”
- “I don’t understand what the Will says”
Two main areas where there are concerns are;
Often when an enquiry is made about “challenging a Will” the enquiry is really about one or both of these areas.
We give advice on these and other matters where there is a problem about an estate, including
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Invalid Wills
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Beneficiary complaints
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Domestic partner claims
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Contested wills
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Executor problems
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Executor commission claims
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Mutual wills
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Statutory wills (also known as Court made wills)
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Suspicious wills
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Home made wills
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Inheritance disputes
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Rectifying wills
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Superannuation claims
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Informal wills
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Wills for the disabled
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Deathbed wills
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Wills and marriage breakdown
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Obtaining a copy of a will
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Ownership of body and ashes
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Executor’s role
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Death at work
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Missing wills
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