Estate Matters

Are you named as the Executor of a loved one’s Estate and don’t know where to start?

If so, you may be interested in the services of the Lawyers of our firm who can help you to deal with this difficult time. The Lawyers of our Firm are experienced and well equipped to help you sort out the administration of a loved one’s Estate from the obtaining of Probate or Letters of Administration to the gathering of the Deceased’s assets, including properties and the distribution of the Estate to the Beneficiaries.

Our Lawyers will attend to the preparation of the required documents, the corresponding with the Banks, Real Estate Agents, and other asset holders and the lodging of all documents. You do not need to worry about time limits or legal jargon, we take care of it all!

Important points to note about estates

The Executor is responsible for obtaining Probate (if necessary) and winding up the Estate, including making distributions to the Beneficiaries.

The Executor is required to follow the wishes of the deceased, as detailed in the Will.

These days there is generally no “reading” of the Will. The Executor and Beneficiaries are notified that they are included in the Will and the Executor will attend to the administration of the Estate.

If you have been excluded from a person’s Will, you may be able to challenge the Will. Will disputes lead to additional legal costs and strain on executors and beneficiaries. In many instances Will disputes can be settled at or before Mediation.

Recent amendments on 1 January 2015 created new eligibility requirements for family provision claims. There are now specified classes of eligible persons able to apply for a family provision, and dependency tests apply to some eligible classes. A claimant may now have to pay their own costs out of their entitlement if legal proceedings issue.

Other reasons for contesting a Will may involve being excluded from a Will, being unfairly considered in the Will, the Will may not be valid. Time limits apply in some circumstances so it is important to obtain legal advice as soon as possible.

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