Estate Disputes

Will Disputes & Deceased Estate Litigation

At McNab, McNab & Starke we frequently receive enquiries about estate disputes.


Examples of some common enquiries:

  • “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  • “My mother has dementia and her last Will is out of date.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:

  1. Where the Will does not make adequate provision for a person; and
  2. Where there is some suggestion that the Will was not valid 

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:

  • Invalid Wills
  • Beneficiary complaints
  • Domestic partner claims
  • Contested wills
  • Executor problems
  • Executor commission claims
  • Mutual wills
  • Statutory wills (also known as Court made wills)
  • Suspicious wills
  • Home made wills
  • Inheritance disputes
  • Rectifying wills
  • Superannuation claims
  • Informal wills
  • Wills for the disabled
  • Deathbed wills
  • Wills and marriage breakdown
  • Obtaining a copy of a will
  • Ownership of body and ashes
  • Executor’s role
  • Death at work
  • Missing wills

We can help

We will respond within the next business day. You can also call 03 9670 9691.