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Wills And Estate Litigation
Unfortunately, it is not uncommon for an Estate Dispute to arise following the death of a family member or a friend. For example, a person may make an unexpected claim for a share of a deceased’s Estate when it comes time for distribution by the Executor. A dispute as to the validity of the person’s claim to the Estate can ensue.
In this example, a claim may be brought against an Estate by an ‘eligible person’ including:
- a dependent of the deceased Estate or a person in a close personal relationship with the deceased;
- a spouse, de facto spouse or a child;
- a former spouse; or
- a member of the deceased’s household.
Any claim must be brought within 12 months following the death of the deceased.
Generally, in an Estate Dispute that challenges the Will, the Court will consider the following circumstances:
- whether the property was owned together;
- whether the individuals financially supported each other;
- the financial needs of the individuals;
- contributions made to the deceased’s estate;
- reputation of the relationship.
Stone Group Lawyers are experts in Estate Disputes and can provide you with ongoing advice on both litigious and non-litigious ways in which to deal with an Estate.
Specifically, Stone Group Lawyers will provide you with assistance in Estate Disputes involving:
- whether an Executor is performing his or her role appropriately;
- any dispute as to family heirlooms to be distributed by the Executor;
- issues as to the mental capacity of the deceased when providing instructions for the Will; and
- several Executors and any delays in distributing the Estate.
Please contact Stone Group Lawyers today on (07) 5635 0180 to arrange a free 30 minute consultation to discuss your Estate Dispute.