Feel unfairly left out of a will? You may have grounds to contest it and claim a fair share. There are many reasons why a person may feel that they have not been adequately provided for in a person’s will.
Family matters can be complex and emotional, and there are many factors that can affect or influence the decisions of the deceased before their death.
The law allows for a category of people to make an Application to the Supreme Court to claim a greater portion of the deceased estate, or a portion in situations where someone who would be otherwise entitled, does not receive any benefit at all.
If you feel you have been unfairly treated, or that the deceased was unduly influenced to exclude you from their will prior to their death, you may be eligible to make a Family Provision Application or to contest the will.
Estate administration
Navigating the complexities of estate administration can be daunting during a time of loss. We can take care of the legal load so that you can grieve without undue pressure and stress. We can help with all estate administration tasks from applying for a grant of probate or letters of administration, distributing assets to beneficiaries, and finalising the estate. Our dedicated team is here to assist you with compassion and understanding.
Probate and letters of administration
A grant of probate ‘proves’ the Will of a deceased person and authorises the executor to deal with the estate assets and distribute them according to the Will. We can advise if probate is required (or recommended) and, if so, apply to the Supreme Court for the grant of probate on your behalf.
If your loved one passes away without a Will, we can guide you on the best course to take and apply to the Supreme Court for letters of administration.
Executor and administrator duties
Executors and administrators have several legal responsibilities and must administer the deceased’s estate following the terms of the Will or the rules of intestacy. We can assist and guide you through all these tasks. Key duties include:
- Identifying and collecting assets: The executor/administrator must locate and secure the deceased’s assets, including bank accounts, property, investments, and personal belongings.
- Paying debts and liabilities: Outstanding debts, such as mortgages, loans, and taxes must be ascertained, and paid from the estate.
- Distributing the estate: The executor/administrator must distribute the remaining assets according to the deceased’s Will or the laws of intestacy.
- Keeping records and accounting: Maintaining detailed records of all transactions and providing a final statement to the beneficiaries.
Renunciation
If you have been appointed executor of an estate and are unable or unwilling to act in that capacity, we can help you determine the best way forward and complete all things necessary to renounce your executorship.
For help, call 07 3392 0551 or email [email protected].