What are some examples of Estate Disputes?

Following the death of a person it is not uncommon for Estate disputes to arise.

Some examples of Estate Disputes are:

  • There may be a dispute about the mental capacity of the deceased to understand what he or she was doing when providing instructions for his or her Will.
  • There may be a dispute that the deceased was unduly influenced by another person prior to signing of his or her Will and that it may not reflect his or her wishes in relation to her estate.
  • There may be a dispute about what a particular clause may mean in the Will which may need to be determined by the Court.
  • There may be a dispute over assets or family heirlooms that are distributed by the Executor.
  • The Executor may not be performing his or her role in the administration of the Estate.
  • One or more of the deceased’s children may have been left out of the Will for reason unknown to them.
  • The deceased may have left his or her entire Estate to a friend or a charity leaving out all family members.
  • The deceased may have left no Will and is survived by more than one spouse of which he or she may have been separated for sometime.
  • The deceased may have left more than one Will of which one or more may not comply with the legislation to be recognised as the deceased’s last Will.
  • The deceased may have left a handwritten will prepared by themselves.
  • Often there are several executors named in a Will and sometimes one or more of those executors may refuse to sign documents or delay distribution as they do not agree with the distribution.
Amanda Heather.

Need further advice?

Amanda Heather | Department Manager & Senior Paralegal
Attwood Marshall Lawyers
Direct line: 07 5506 8245
Mobile:  0425 260 837
Fax: 07 5536 9755
Email: aheather@attwoodmarshall.com.au

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