Deceased Estates
When someone dies and they have a Will, in most cases the Executor will need to apply for a Grant of Probate to be able to distribute the assets of the deceased in accordance with their wishes. When a person dies without a Will, an administrator is appointed and they will need to apply for Letters of Administration to undertake their duties.
If you have been named Executor in a Will, Our Wills & Estates lawyers can assist you with all aspects of managing a deceased estate
Probate (Managing a deceased estate)
If you are the Executor of a Will, you need to carry out the intentions of the deceased person according to their Will.
In most cases, you need to obtain a Grant of Probate from the Supreme Court. This is, principally, a "licence" to you, as Executor, to deal with the assets in the estate.
Contesting a Will
There are generally three areas in which you can contest or challenge a Will.
- There may be an argument that the Will maker did not have capacity to understand what they were doing when the Will was made.
- There may be a suggestion that the Will maker was unduly influenced in making the Will.
- There may be a claim that the Will maker did not adequately provide for you, or did not provide for you at all, as a beneficiary.
Each of these claims will depend on all of the circumstances and the evidence that can be used to support the claim. We can provide you with advice as to whether you have a viable claim.
When there is no Will
A Will deals with the appointment of the person(s) who you wish to manage your estate (your Executor) and how you wish for your estate to be divided in the event of death. Even if think you don’t need a Will or if the topic is something you prefer to avoid, the preparation of a Will is an important step that can save your family a lot of stress, hassle, disagreement and even money.
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We help in a range of areas including obtaining a Grant of Probate, Estate Administration, Estate Litigation and Commercial matters. We’ll review your information and get in touch to discuss the next steps.
Blogs - Deceased Estates
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Key considerations before accepting the role of executor in NSW
How to deal with mistakes or ambiguity in a Will
