Wills and Estates

Practice Areas > Wills and Estates

mdp McDonald Partners handle all aspects of wills and estate planning, as well as estate and guardianship administration. We also look after disputes in such matters and ensure that they are dealt with promptly and efficiently.

Planning your affairs for your family in the event of your death is an important task and one that must be done carefully. There are many do-it-yourself kits available but many of these do not full consider the consequences of what may happen to your estate and your family if your will is not prepared correctly. This may add further grief and stress to your loved ones at an extremely inconvenient time.

Complex ownership structures mean that people making a will can often inadvertently purport to deal with assets they don't in fact own personally, thus leading to wills being ineffective.

Wills and Estate Disputes

mdp also look after disputes involving all aspects of wills, estate and guardianship administration.

In considering whether to seek legal advice in relation to wills and estates, you should ask yourself the following questions.

· Have you been left out of a will?

· Have you received less that what you believe you should be entitled to?

· Do you believe the will has been tampered with?

· Do you believe there are questionable circumstances surrounding the siging of the Will, such as:

. Issues of mental illness or capacity of the deceased to understand what they were signing?

. Was the Will prepared by someone looking to get a benefit from the estate?

. Was the person making the Will forced or coerced into signing a document?

. Do you think that there are other people who should receive something from the Will?

. Are you entitled to the assets of the estate of the deceased where a Will does not exist?

. Are you entitled to an inheritance?

. Is the executor failing to perform their legal obligations under the Will?

. Does the executor have a conflict of interest in acting as an administrator and executor?

. Should you stop an executor from acting or refusing to act in a way that is contrary to the instructions of a Will?

If you answered yes to any of the above questions, you should seek legal advice from a lawyer experienced in the field of wills and estates disputes.

You should also seek legal advice if:

. No one has been appointed as an administrator or executor under the Will; or

. The estate is handed over to the State Trustees to administer.

If any of these situations arise, mdp's wills and estate lawyers can advice you on your rights, entitlements and legal options.

Claims may only be brought against a deceased's estate within six months from the grant of probate so your time to act may be limited, therefore you should contact mdp McDonald Partners immediately to discuss what action you can take.