Estate Dispute Resolution
There is nothing like a death in the family to cause trouble amongst the surviving spouse and/or relatives of the deceased!
Whether you are an executor, co-executor or trustee of a Will and are having problems with the family or nominated beneficiaries in the Will, you need to make sure that you are receiving correct legal advice from lawyers who specialise in this area. Attwood Marshall Lawyers has a long history of acting in estate dispute resolution matters and has a specialist department dedicated to this area.
We handle cases in both Queensland and New South Wales and quite often are involved in estates which span both sides of the border and involve legal issues from both states.
Some of the areas that we can assist executors and other family members are as follows:-
- Assisting family members where the executor or executors have died or refused to carry out their functions as executor;
- Acting for beneficiaries and ensuring that executors properly administer the estate in accordance with the terms and conditions of the Will;
- Acting for beneficiaries and other family members where executors have misappropriated or have been negligent in investing estate funds or assets;
- Acting for families or beneficiaries where the deceased has died without a Will (intestate) or where the Will is unenforceable due to being incorrectly signed;
- Acting for executors where beneficiaries contest the Will on capacity grounds or bring a provision claim;
- Acting for the executors and trustees in large and complicated estates to ensure that all duties and obligations of the executors and trustees have been fulfilled;
- Acting on behalf of executors and beneficiaries in relation to executor’s commission disputes;
- Advising executors and beneficiaries in relation to capital gains tax issues arising from the sale and distribution of estate assets;
- Acting for families or beneficiaries where estates are being administered by the Public Trust Office or the Office of the Protective Commissioner;
- Acting for executors or beneficiaries in relation to lawyers being negligent with respect to the administration of estates resulting in losses to the beneficiaries or excessive legal costs being incurred.