Is the will valid?
Fraud, lack of mental capacity at the time of signing the will, or undue influence put on the deceased could make a will invalid. Disputes may arise through invalidity of the will or family provisions claims.
Have you been left out of a will?
A family provisions claim should be made within 12 months of the date of death of the deceased person. These claims happen when a person feels they have not been adequately provided for in a will.
You could be eligible to make a claim if you are:
- A family member left out of the will
- A person who was dependant on the deceased
- An ex-partner or child from previous marriages or de facto relationships
The court may consider different aspects of the claim, such as the person’s relationship with the deceased, their financial position and the size of the estate.
Has someone made a claim on the estate?
It is an executor’s duty to uphold the terms of the will. This may mean having to defend a claim against the estate. CMM Quay Legal Group is adept in defending such claims, working closely with our executor clients to:
- Establish the claimant’s eligibility
- Determine if there are proper grounds for a claim
- Simplify the court procedures
When confronted with a person making a claim on the estate, CMM Quay Legal Group will support you, so you can focus on the many other executor duties and responsibilities.
Estate disputes are complex processes which can be emotionally draining. Having a trusted and experienced legal firm on your side throughout matters such as these can reduce stress and improve confidence during the resolution process.