Estate Litigation
Other applications we can assist you with are disputes between executors and beneficiaries, homemade Wills, superannuation and life insurance claims, statutory Wills, SACAT applications, equitable claims and acting for minors in estate disputes.
What if I disagree with the other executor?
If you're appointed as an executor with someone else and you disagree with decisions they’re making, you can instruct a lawyer to act for you and help you with the process. If the other executor has breached their duty to act in the best interests of the beneficiaries or has a conflict of interest, you may be able to apply to the Supreme Court to remove the other executor from acting with you.
What if I am a beneficiary and the executor refuses to answer my questions?
The executor’s primary duty is to you, the beneficiary. The executor must maximise the estate for your benefit and if they don’t, then we can help you rectify this.
You also have a legal right to be kept informed of the executor’s actions and the estate administration process.
We can help you get the answers you need. If the executor refuses to answer our questions, we can issue a Court application requiring the executor to account for their conduct.
What do I do if I have found a homemade Will?
A homemade Will is a will, no less. Do not remove the Will from the Will booklet if there is one as the integrity of the Will is still paramount.
What you’re looking for is:
Whether the homemade Will validly appoints an executor and gives all the estate to a beneficiary or beneficiaries.
Whether the homemade Will has been signed by the will-maker and, if so, whether it has also been signed by two adult witnesses. The homemade Will, like other Wills, must be signed by the will-maker in the presence of two adult witnesses who must also sign the Will in the presence of each other.
Whether the will-maker used a different pen to the witnesses. If a different pen was used, you will need to obtain the contact details of one of the witnesses. The Court will require an affidavit from a witness to the homemade Will to prove that the homemade Will was signed by the will-maker in the presence of that witness and that the will-maker understood the terms of the homemade Will.
What is the Varga Lawyers’ difference?
Because we are specialist estate litigators, we know the nuances of estate litigation. Our in-depth knowledge will ensure you're properly advised on all options available to you.