Map
About Us
Products and Services
Additional Locations
FAQs
The firm provides personalised, quality service with a wealth of experience, whether it be in helping with the administration of an estate or challenging, defending a challenge to an estate.
When a loved one has passed away, their estate needs to be "administered". This task is carried out by the person's "legal personal representative". Where the deceased had a will, the executor nominated in the will can take on the role of the legal personal representative.
Where there was no will, the next of kin can act in that capacity. The role of legal personal representative is a respectable & sometimes onerous position & involves a number of tasks. We guide you through the process & provide the necessary assistance to help make it as trouble free as possible.
McNab McNab & Starke lawyers provide legal services in the following areas of law:
Seminars
Executor, Will Kits
Arabic, Asset Protection, Children, Civil Litigation, Commercial Law, Court Appearances, Debts, Deceased Estates, Disputed Wills, Estate Planning, Greek, Mediation, Partners, Power of Attorney, Property Law, Trusts & Wills
Accredited, Leasing, Registered
Business Disputes, Child Support, Death, Inheritance, Insurance Disputes, Missing Will, Sale of Business, Superannuation, Theft
Commercial Litigation, Company Law, Conveyancing, De Facto, Entertainment, Estate Law, Finance, General, Insolvency, Insurance, Planning, Probate, Property, Real Estate, Succession, Trusts, Wills
Litigation Lawyer, Probate, Will Disputes, Deceased Estate Administration, Business & Commercial Law
If you are a beneficiary of the will you are entitled to know the progress of the administration and to be provided with accounts by the executor. Often though executors do not provide this information and if a beneficiary is concerned then the executors can be made to comply with their obligations.
You can bring an application in the court for the executor to show because why he or she should not be replaced with another person to administer the will. The administration of an estate cannot be held up simply because an executor fails to start his or her task.
A grant is usually needed whenever some formal or important step needs to be taken on behalf of the estate of a deceased person. This varies from estate to estate. A grant will always be needed if the deceased person had real estate in his or her sole name, or other substantial assets in his or her own name.
Yes. This is so even if there is no other executor. The role of an executor extends beyond any claim that you might have regarding the will having made inadequate provision for you and there is no reason why you should give up the ability to handle those tasks if you don't want to. If you brought a part IV claim the other executors or, if there are no other executors, one of the main beneficiaries in the will, would perform the role of handling the opposition to your claim.
It is possible to apply to the court for it to authorise the making of a will on certain specific terms for a person who has lost the capacity to make a will for himself or herself. This is a complex process and requires legal assistance.
