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.

LEARN MORE ABOUT PROBATE

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.

LEARN MORE ABOUT CONTESTING A WILL

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.

LEARN MORE ABOUT WHAT HAPPENS IF YOU DON'T HAVE A WILL

Blogs - Deceased Estates

How can I stop my kids from challenging my Will?

How can I stop my kids from challenging my Will?

Contemplating leaving a child out of your Will is a common issue that arises in families, particularly where one or more of the children are seen as the “black sheep”. In very general terms, kids might challenge the Will you make in three areas.
Read more
Disclaiming an inheritance left to you in a Will

Disclaiming an inheritance left to you in a Will

You may think that it is strange to consider not accepting a gift, whether it is under the terms of a Will or where there is no Will. But there can be very good reasons to disclaim an inheritance.
Read more
What can be done if the original Will is missing or lost?

What can be done if the original Will is missing or lost?

We have recently received a number of queries where the original Will of the deceased is missing or lost. It may be that a copy of the Will has been found but not the original document. The question then is what to do and whether a Grant of Probate can still be made where only a copy of the Will is located.
Read more
When do you have to get a Grant of Probate?

When do you have to get a Grant of Probate?

Often, when getting started with the administration of a deceased estate, the focus is to work towards preparing a Grant of Probate. But, is it always necessary to obtain a Grant of Probate? The answer is, often, but not always.
Read more