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Estate Litigation for Executors

Estate Litigation for Executors

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Being an Executor of a Will comes with serious obligations under the law. When a dispute arises regarding the Will, being an Executor only becomes more difficult.

MDL has an experienced team of lawyers who deal with estate disputes who can provide you with detailed advice as to your obligations under the Will and assist you in resolving the dispute as quickly as possible.

Has someone lodged a Probate Caveat?

Once someone has lodged a Probate Caveat, as Executor you are unable to obtain Probate until the Caveat is removed. 

At MDL we can assist with the removal of a Probate Caveat to ensure you job as an Executor does not become too strenuous. 


Is someone challenging the Will?

As an Executor, it is your obligation to uphold the terms of the Will. This means that if someone makes an application challenging the Will (i.e. seeking money or more money from the estate), you are required to defend this application to the best of your ability. 

MDL’s team of experienced estate litigation lawyers will be able to assist you to ensure you meet all of your responsibilities as an Executor without charging the Estate excessive legal costs.  


Executor’s Commission 

In some situations, an Executor can seek what is known as Executor’s commission for the work they undertake as Executor of a Will. 

If you are an Executor and you have spent a significant amount of time fulfilling your duties under the Will, Executor’s commission is something you may be entitled to.

At MDL we can provide you the advice you need to establish whether or not you may be entitled to Executor’s commission.