Will Disputes & Deceased Estate Litigation
Why choose McNab McNab & Starke
We are a team of experts, who provide personalised service
We are values-based and community minded
McNab McNab & Starke has a long-standing and substantial profile in the area of Deceased Estates, and understand the importance of administering Wills correctly with consideration to your specific needs.
When making a Will, it is important to obtain appropriate Legal advice and support. This ensures that the Will is legally valid and does not result in Litigation, should it be deemed invalid.
There are many elements to consider, such as:
- Signing and Witnessing Provisions
- Your Financial position
- Effect on the Beneficiaries
- Existing plans for your Estate
- Superannuation Entitlements
Our experienced Wills and Estates Lawyers provide clients with Legal advice on complex matters such as Will Disputes; Family Trusts; Complex Assets; and Testamentary Trust Wills.
If you have been appointed as Legal Personal Representative, this is a responsible and sometimes onerous position and involves a number of tasks. At McNab McNab & Starke we guide you through the process and provide the necessary assistance to help make it as trouble-free as possible.
Call us today to find out more
Call today to talk with our team of Wills and Estates experts. We offer personalised service with your best interests at heart.
We have a proven history of providing the best outcomes to our clients for over 100 years
What to Expect
Conducted virtually or
Analysis and support in determining your specific needs
Prepared by a Lawyer with expertise in Wills and Estates
What we Offer
Power of Attorney
Probate and Deceased Estate Administration
- Will Disputes & Deceased Estate Litigation
- Family Provision Claims & Part IV Claims
- Assistance for Beneficiaries of a Will
Or you can send us a query below, and we will respond within the next business day.
Can I take on the role of executor even though I might want to bring a Part IV claim to challenge a Will?
Yes. This is so even if there is no other executor. The role of an executor extends beyond any claim that you might have regarding the Will having made inadequate provision for you and there is no reason why you should give up the ability to handle those tasks if you don’t want to. If you brought a Part IV claim the other executors or, if there are no other executors, one of the main beneficiaries in the Will, would perform the role of handling the opposition to your claim.
We can't find the original Will
Simply because the original Will cannot be found does not mean that the Will fails. If it was last seen in the hands of the deceased, a Court might take the view that the Will was cancelled by the deceased destroying it. That is not always the case though, for example the Will might not have been in the possession of the deceased when it was lost. The answer depends very much on the specific circumstances. If a photocopy of the Will is available the administration of the estate can sometimes proceed based on the terms of the photocopy.
Can I see a copy of the Will?
Many people have a right to see the Will of a person who has died. The circumstances vary depending on the relationship of the deceased to you, when the deceased died and when the Will was made. We can give advice on your specific circumstances. Once the Will is lodged with the Registrar of Probates and a grant made it becomes a public document and can be inspected at the Registrar’s office. Sometimes time is important and it is better to lodge a caveat at the Registrar’s office and obtain a copy of the Will once the Registrar lets you know that the grant application has been lodged. Lodging a caveat is not a step to take lightly and should only be done if you have consulted us about your position first.
The executors won't tell me what is happening in the estate, what can I do?
If you are a beneficiary of the Will you are entitled to know the progress of the administration and to be provided with accounts by the executor. Often though executors do not provide this information and if a beneficiary is concerned then the executors can be made to comply with their obligations.
The executor seems to be taking a long time to apply for a grant, can I do anything?
You can bring an application in the Court for the executor to show cause why he or she should not be replaced with another person to administer the Will. The administration of an estate cannot be held up simply because an executor fails to start his or her task.
What does this word mean and how does it affect me?
See ‘Some common words explained‘. If the word you are enquiring about is not covered, please call us and we can assist.